MADURAI: Taking a liberal view on the use of ubiquitous cellphones in court premises, Justice Chandru of the Madras High Court (Madurai Bench) has held that communicating over phone without disturbing the proceedings would not amount to contempt of court. However, it would be up to the presiding officers (judges) of the respective courts to decide whether a particular case of mobile phone use breached the tolerable limits.The judge said carrying mobile phones set in silent mode inside the court hall, checking SMS alerts or replying/ forwarding messages without disturbing proceedings could not be considered as obstructions attracting contempt proceedings.Justice Chandru made these observations while dismissing a petition filed by a lawyer seeking to prosecute Sivaganga Revenue Divisional Officer (RDO) Durga Moorthi for contempt of court as she had used a mobile phone inside the court on June 15. The lawyer Neelamegam had also produced a photograph showing Durga attending a phone call.In her counter affidavit, Durga submitted that she had attended to a call from the District Collector and answered in a low voice without disturbing anyone. She tendered her unconditional apology if the Court held her guilty. While acknowledging her mistake, she contended that the lawyer’s act of taking a photo of her inside the court would also amount to contempt of court.Citing that even in the SC, intercom phones are used to contact registry officials during proceedings and in the High Court too counsels who are not present in the court hall are called using cellphones, Justice Chandru accepted the RDO’s apology.“The petitioner admitting her mistake and expressing respect for the court proceedings and tendering an unconditional apology clearly show that she had never intended to commit any contempt,” he said.
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