Report No. 274

D. Misinterpretation of Court's Proceedings

5.20 Any speech or writing misrepresenting the proceedings of the Court or prejudicing the public for or against a party or involving reflections on parties to a proceeding amount to contempt. As observed by the Supreme Court In Re: P.C. Sen, AIR 1970 SC 1821, the question is not so much of the intention of the contemnor, but whether it is calculated to interfere with the administration of justice or whether it would have baneful effects.

"To make a speech tending to influence the result of a pending trial, whether civil or criminal is a grave contempt. The question in all cases of comment on pending proceedings is not whether the publication does interfere, but whether it tends to interfere with the due course of justice."

5.21 The Court further emphasized on the duty of the courts to preserve their proceedings from being misrepresented, because prejudicing the minds of the public against persons concerned as parties in causes before the cause is finally heard may have "pernicious consequences".78

5.22 Reflecting on the effects of misinterpretation of the court's proceedings, in The William Thomas Shipping Co., in re. H. W. Dhillon & Sons Ltd. v. The Company, In re. Sir Robert Thomas and Ors., [1930] 2 Ch. 368, the Court observed that the publication of injurious misrepresentations concerning the parties to proceedings also amounts to contempt of court, because it may cause those parties to discontinue or to compromise, and because it may deter persons with goods causes of action from coming to courts, and was thus likely to affect the course of justice.