Astrological opinion about court cases

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ChandraLagna
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Astrological opinion about court cases

Post by ChandraLagna » 05 Jun 2019

Lex - Can you please quote which rule as per IPC it is unlawful to predict on a court case? As I have explained in my previous communication, neither civil or criminal clauses as applicable in Sec 2(a) or 2 (b) of contempt of Court Act 1971 ( Indian law) is applicable in case of astrological consultation. The above sections refer to disobedience of a ruling, or any act or words which lower the authority, or interferes in judgment or administration of justice, none of which happens in an astrological forum with a nameless querant! Even if the querant is resident of another country, the laws are unlikely to be such that seeking an astrological opinion causes disrespect to the court or interferes in administration of justice.

Can you explain what exactly you mean by unlawful if the act is merely by providing an astrological input?


--भज गोविन्दं... भज गोविन्दं...गोविन्दं भज, मूढमते --

With Regards,
ChandraLagna

Lex
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Re: Lex ji urgent help please

Post by Lex » 06 Jun 2019

ChandraLagna wrote:
05 Jun 2019
Lex - Can you please quote which rule as per IPC it is unlawful to predict on a court case? As I have explained in my previous communication, neither civil or criminal clauses as applicable in Sec 2(a) or 2 (b) of contempt of Court Act 1971 ( Indian law) is applicable in case of astrological consultation. The above sections refer to disobedience of a ruling, or any act or words which lower the authority, or interferes in judgment or administration of justice, none of which happens in an astrological forum with a nameless querant! Even if the querant is resident of another country, the laws are unlikely to be such that seeking an astrological opinion causes disrespect to the court or interferes in administration of justice.

Can you explain what exactly you mean by unlawful if the act is merely by providing an astrological input?
You have quoted Criminal part in the sub clause... if you have expand... items in that part... it talks about any means in writing or any form of communication on the ongoing court matters( Explicitly written) before the verdict ( making prejudice statements) is breach of law.
Only Licenced person in Court matters ( after days proceedings over, and should be present in the court) can write snippets of the case ended for that day.

Law doesn't differentiate, a astrologer or a doctor a Lawyer or a minister etc ( any Gender)… LAW REMAINS THE SAME FOR ALL PERSON) Everyone has to respect the LAW of the LAND, and it also infers if India's Law is strict, and a person asking qquery f Court case in U.S., one has to respect the LAW of the UNIVERSE Indian Law stricter will take the precedence.


AND, regarding astrologer or a Tarot now cannot PREDICT OUTCOME OF ELECTION etc, be it Zilla Parishad or State Assembly or Parliament or President election. Gazatte of EC has come into effect from April 2nd week 2019. You're aware Judiciary and EC are independent body and only report to President of India. Ultimately President anoints a PM or Home Minister or any ministers in the Parliament, while his office, Governor does in the state.


Additionally, Let Shani ( black coat for Judiciary) pronounce the Verdict through available Forensic evidences, and analyst has to respect the Law, why incur bad karma .

ChandraLagna
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Re: Astrological opinion about court cases

Post by ChandraLagna » 06 Jun 2019

Lex -
Predicting election results is part of Section 126A of the Representation of the People Act, 1951, which has nothing to do with the case now being discussed here. And as the querant has now stated, the case has not even gone to court!

The rules I quoted do not indicate that merely expressing an opinion on a case can be tantamount to contempt of court. If you have any other sections or interpretations of the law, please share here.
--भज गोविन्दं... भज गोविन्दं...गोविन्दं भज, मूढमते --

With Regards,
ChandraLagna

Lex
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Re: Astrological opinion about court cases

Post by Lex » 06 Jun 2019

As I had earlier communicated, sub clause you haven't expanded, items there in any person expressing in written form ( through writing or through blog or through website or any cyber forms) prejudice a court matter is a break down of the rule book. You may go into contempt of Judiciary ( on Criminal intent part) Act enacted under Constitution.


Regarding predicting election results by astros, EC also enacted the act of recent.. and these was conveyed to you in advance FYI, and in case you haven't assessed the act.


I'm not bothered, whether in incumbency stage of litigation matter or inside the court or outside the court. My conscious is clear, I will not analyze or predict Judicial matters, Let LAW take it own course of time.

ChandraLagna
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Re: Astrological opinion about court cases

Post by ChandraLagna » 07 Jun 2019

Contempt of court is applicable when:
1. There is a matter in court
2. A judgment is passed, or judicial proceeding is underway.
3. The act of disobedience, breach etc as outlined below is done with respect to the judgment.

In the discussion with regard to querant,
1. The matter is not in court
2. There is no judgment passed and no proceeding is underway
3. Merely expressing an opinion on the situation expressed by the member cannot be construed as as disobedience of a judgment or proceeding which does not even exist ! Neither is it equivalent to making allegations against judges/courts.

Now please point out which line below makes you feel contempt of court is applicable in case you write a opinion on the querant's question.

2. Definitions. ? In this Act, unless the context otherwise requires, ?
?(a)? ?contempt of court? means civil contempt or criminal contempt;
?(b)? ?civil contempt? means wilful disobedience to any judgment, decree, direction, order,
writ or other process of a court or wilful breach of an undertaking given to a court;
(c)? ?criminal contempt? means the publication (whether by words, spoken or written, or by
signs, or by visible representation, or otherwise) of any matter or the doing of any other act
whatsoever which ?
(i) scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court;
or
(ii) prejudices, or interferes or tends to interfere with, the due course of any judicial
proceeding; or
(iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration
of justice in any other manner;
(d) ?High Court? means the High Court for a State or a Union territory, and includes the court
of the Judicial Commissioner in any Union territory.
Comments
? Breach of an undertaking given to a Court by a person in civil proceedings, on the faith of which
the Court sanctions a course of action is misconduct amounting to contempt of court. Noorali
Babul Thanewala v. K.M.M. Shetty, AIR 1990 S.C. 464.
? The power to penalise an officer of the Court should be exercised in those cases where the
order is deliberately not obeyed or compliance is not made. C.P. Singh v. State of Rajasthan,
1993 Cr.L.J. 125.
? Advocate making libellous allegations against sitting Judges of High Court amounts to
interference with administration of justice. Pritam Lal v. High Court of M.P. 1992 Cr.L.J. 1269=
AIR 1992 SC 904
? What it constitutes ? Scandalising Court or Judge, undermining people's confidence in
administration of justice and bringing or tending to bring the Court into disrepute or disrespect
tantamount to criminal contempt ? Scurrilous attack on a Judge questioning his authority would
amount to contempt. Dr. D.C. Saxena v. Hon'ble The C.J.I., J.T. 1996(6) S.C. 529 = 1996(5) SCC
216.
? Civil contempt ? Where action of contemner is wilful, deliberate and in clear disregard of
Court's? order, it amounts to civil contempt. Amar Bahadurising v. P.D. Wasnik and others. 1994
Cri.L.J 1359 =1994(2) Bom CR 464 (Bom)
--भज गोविन्दं... भज गोविन्दं...गोविन्दं भज, मूढमते --

With Regards,
ChandraLagna

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