Case Summary
| Citation | In re Keshav Singh AIR 1965 SC 745 |
| Keywords | |
| Facts | Keshav Singh, the petitioner was a resident of Gorakhpur, he used to work in the Socialist Party. One day, with the support of two of his friends, he printed and published a pamphlet about a congress MLA, Narsing Narin Pandey. The pamphlet clearly disowned Narsing Pandey and cleared that he is a corrupt politician. The pamphlet circulated all over the area of the Lucknow Legislature Assembly. When the pamphlet, came into the view of the speaker of the legislative assembly, he claimed that the pamphlet clearly violated the privilege and dignity of Narsing Narin Pandey. And this clearly shows the contempt of the Assembly. Keshav Singh and his colleagues, who supported him were ordered to summon before the Lucknow assembly to give answers for their actions. Two of Keshav‘s colleagues were summoned, but Keshav didn‘t go alleging as it costs him a lot to travel from Gorakhpur to Lucknow. Keshav Singh was arrested and brought to the assembly. Keshav Singh had written a letter to the speaker to strike off his arrest warrant and claimed that all the facts are accurate in the pamphlet. |
| Issues | |
| Contentions | The petition which was filed by Keshav Singh claims that his imprisonment in jail was unconstitutional and Keshav Singh was not given an opportunity to defend himself. According to the appeal, Keshav Singh was ordered to be imprisoned after receiving the reprimand which rendered the order of imprisonment unconstitutional without any authority. |
| Law Points | The two learned judges approached Allahabad High Court with a separate Writ petition under ARTICLE 226 of the Constitution. The petition completely claimed that the house resolution was completely unlawful and violated ARTICLE 211 of the constitution. The Supreme Court referred to so many cases and precedents across the world in detail and finally came to certain conclusions. The full bench had the authority to issue the interim orders. A judge who hears a person petition against a house order does not commit contempt of the house, nor does the house have the authority to take action. The petition for bail was filed in Allahabad High Court after the supreme sent its suggestion to the President through the reference |
| Judgement | It was declared that filing the petition was not an illegal act, so neither the judges nor Keshav Singh was in contempt for filing the petition. |
| Ratio Decidendi & Case Authority | ARTICLE 211 – No discussion shall take place in the legislature of a state with respect to the conduct of any judge of the Supreme court and High court in the discharge of his/ her duties. ARTICLE 491 – It briefs about a breach of contract to attend to and supply the wants of a helpless person. ARTICLE 226 – Power of High court to issue orders in the matter of Writs. ARTICLE 143(1) – Power of the president to consult the Supreme court. |
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