Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contempt of Courts Act 1950 : Article 19(1)(a) Constitution of India 1971-Section 2(c) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Contempt of Courts Act, 1971-Section 2(c) : Criminal contempt-Speech by contemnor published in a newspaper calling a decision of High Court as rubbish and commenting that the Judge was prejudiced and was bribed and that the Judge about to retire is available for sale-Such criticism of judiciary not fair- and reasonable and has tendency to affect its dignity and prestige-Its publication amounts to gross contempt of court. Criminal contempt-Report published in a newspaper terming the decision of High Court as rubbish, commenting that the Judges delivering the said decision were prejudiced and bribed-Contempt proceedings against Editor, printer and publisher of newspaper-They tendered apology pleading that news report was published on account of oversight and their unconditional apology was published even before initiation of contempt proceedings-Held: Apologies accepted with a caution to be more careful and responsible in exercise of their duty towards the public, in providing fair, accurate and impartial information. Fair and reasonable criticism-What is-Held: Criticism which is likely to interfere with administration of justice or would undermine the confidence which public reposes in court of law is not fair and reasonable-Administration of justice. Scurrilous aspersions-Casting of on an individual Judge-Power of Court to punish for contempt of court-Exercise of-Held: Court to exercise such power not to vindicate the dignity and honour of the individual Judge who is personally attacked or scandalised, but to uphold the majesty of the law and of the administration of justice. Criminal contempt-Apology tendered by contemnor who made scurrilous aspersions on a Judge-Acceptance of-Held: Contemnor, law graduate having been in public life for considerable time cannot plead sympathy-Acceptance of apology not called for-But having regard to the background and organization to which he belongs, which brought many PILs for general public good, sentence of six month reduced to sentence of one week simple imprisonment. Judgement and judiciary-Criticism of-Held: Judgement of court is a public document and open to criticism but in a dignified manner without attributing motives. Constitution of India, 1950 : Article 19(1)(a)-Freedom of press-Exercise of-Held: Has to be in the interest of public good and with utmost responsibility-Any attempt to make news out of nothing just for sake of sensitization has to be deprecated. Appellant 'R' was the prosecution witness in the murder trial in which accused were found guilty. On appeal, High Court acquitted the accused, whereupon appellant delivered a speech in a rally and interview to the correspondent of the newspaper 'Hitavada'. Based on the speech and interviews, news item was published. The news report termed the said decision of High Court as rubbish and commented that a Judge who was on the verge of retirement should not have been entrusted with the responsibility of dealing with such a crucial case; that the Judges were already prejudiced and were bribed and that a Judge who is to retire is for sale and that the Judiciary has no guts, no honesty and is not powerful enough to punish wealthy people. This news item led to contempt proceedings against the appellants who are Editor, printer, publisher, chief sub-editor, Desk incharge of newspaper. They all tendered unconditional and unqualified apologies. The High Court summoned the audio and video recording of the speech delivered by 'R' as well as the transcript of the speech as contained in those recordings and held that the comments made by 'R' did not amount to fair and reasonable criticism of the judgement and that the contents of the news report scandalized the court. The appellants were held guilty of contempt of court and sentenced to undergo simple imprisonment for six months. Hence the present appeal. |
Judge | Honble Mr. Justice Y.K. Sabharwal |
Neutral Citation | 2005 INSC 225 |
Petitioner | Rajenpra Sail |
Respondent | Madhya Pradesh High Court Bar Association And Ors. |
SCR | [2005] 3 S.C.R. 816 |
Judgement Date | 2005-04-21 |
Case Number | 398 |
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