New Delhi: The Supreme Court has ruled that a court cannot exercise the power of contempt in an arbitrary manner as such proceedings should be initiated to ensure its order is complied with and "not to necessarily proceed against persons as if they are petty criminals."

"A person cannot be sentenced on mere probability. Wilful disobedience and contumacious conduct is the basis on which a contemnor can be punished," the apex court observed while dropping the contempt proceedings initiated by the Calcutta High Court against two members of a TV production company.

While contempt of court is a matter which had to be dealt with all seriousness, the burden of proof should be upon the person who made such an allegation, it said.

"The purpose and object of initiation of a proceeding under the provisions of the Act (contempt) is only to see that the order of the court is complied with and not to necessarily proceed against persons as if they are petty criminals," a bench of Justices S B Sinha and Cyriac Joseph observed.

In this case the Calcutta High Court initiated contempt proceedings against director and another employee of the production house Three Cheer Entertainment Pvt LTD on the basis of a complaint by the Calcutta Electricity Company Ltd (CECL).

The CECL had earlier filed a Rs 20 crore defamation suit against the production house for its programme "Khoj Khabar" aired on ETV (Bangla) in which allegations of corruption in the government owned company were made.

The High Court had passed an injunction against further telecast and directed the production house to hand over the CDs relating to the programme to two receivers appointed by the court.
Source : PTI