IMPORTANT POINTS
1. The presentation of the news should be truthful, objective and comprehensive without any false and distorted expression and fair criticism within the parameters of law is always welcome in a democratic system.
2. The Supreme Court is not hypersensitive in matters relating to contempt of Courts and has always shown magnanimity in accepting the apology on being satisfied that the error made in the publication was without any malice or without any intention of disrespect towards the Courts or towards any member of the judiciary.

Headnote:(i) PRESS-Freedom of Press-Not absolute, unlimited and unfettered at all times and in all circumstances-If a newspaper publishes what is improper, mischievously false or illegal and abuses its liberty-It must be punished by Court of law-Presentation of news should be truthful, objective and comprehensive without any false and distorted expression. (Para 10)
       (ii) CONTEMPT OF COURT-Case of allotment of retail outlets for Petroleum products and LPG Dealership from discretionary quota -A news time with caption Pumps for all published in daily newspaper-Alleged statement about grant of Petrol outlets to two sons of a senior Judge of Supreme Court--Proved to be false news item--News item can neither be said to be fair or made in good faith--Explanation given is not satisfactory--Editor and Publisher of newspaper cannot escape responsibility for being careless in publishing it without caring to verify its correctness-All including senior journalist expressed sincere repentance-Written unconditional apology tendered-Accepted-Contemners will publish in front page of their respective newspapers their respective apologies.
       Held that this Court is not hypersensitive in matters relating to contempt of Courts and has always shown magnanimity in accepting the apology on being satisfied that the error made in the publication was without any malice or without any intention of dis-respect towards the Courts or towards any member of the judiciary. This Court has always entertained fair criticism of the judgments and orders or about the person of a Judge. Fair criticism within the parameters of law is always welcome in a democratic system. But the news items with which we are concerned can neither be said to be fair or made in good faith but wholly false and the explanation given is far from satisfactory. Shri Hari Jaisingh, Editor of the Sunday Tribune and Lt. Col. H.L. Dheer, Publisher as well as Vijay Kumar Chopra, Editor and Publisher of daily Punjab Kesari have taken the stand that they had taken the news items to be correct on the basis of the information supplied by a very senior journalist of long standing Dina Nath Misra. But this cannot be accepted as a valid excuse. It may be stated that at common Law, absence of intention or knowledge about the correctness of the contents of the matter published (for example as in the present case, on the basis of information received from the journalist/reporter) will be of no avail for the editors and publishers for contempt of Court but for determining the quantum of punishment which may be awarded. Thus they cannot escape the responsibility for being careless in publishing it without caring to verify the correctness. However, since they have not only expressed repentance on the incident but have expressed their sincere written unconditional apology, we accept the same with the warning that they should be very careful in future. As regards the case of Dina Nath Misra, we find he acted in gross carelessness. Being a very experienced journalist of long standing it was his duty while publishing the news item relating to the members of the apex Court, to have taken extra care to verify the correctness and if he had done so, we are sure there would not have been any difficulty in coming to know that the information supplied to him had absolutely no legs to stand and was patently false and the publication would have been avoided which not only caused great embarrasment to this Court but conveyed a wrong message to the public at large jeopardizing the faith of the illeterate masses in our judiciary. Shri Dina Nath Misra has no doubt committed a serious mistake but he has realised his mistake and expressed sincere repentance and has tendered unconditional apology for the same. He was present in the Court and virtually looked to be gloomy and felt repentant of what he had done. We think this sufferance itself is sufficient punishment for him. He being a senior journalist and an aged person and, therefore, taking a lenient view of the matter, we accept his apology also. We, however, direct that the contemners will publish in the front page of their respective newspapers within a box their respective apologies specifically mentioning that the said news items were absolutely incorrect and false. (Para 12)

JUDGMENT

Faizan Uddin, J.-When this Court was seized of, Writ Petition filed by the "Common Cause, A Registered Society" with regard to the alleged misuse and arbitrary exercise of discretionary power by the Petroleum and Natural Gas Ministry in relation to the allotment of retail outlets for Petroleum products and L.P.G. Dealership, from discretionary quota, a news item in box with a caption "Pumps for all" was published in the daily newspaper "The Sunday Tribune" dated March 10, 1996 which is reproduced hereunder:-

Pumps for all :

Believe it or not, Petroleum Minister Satish Sharma has made 17 allotments of petrol pumps and gas agencies to relatives of Prime Minister Narasimha Rao out of his discretionary quota. Allotments in this category can only be made to members of the weaker sections of society and war widows. Yet five of the Prime Minister s grandchildren have been favoured as have been five of his nephews from the family of V. Rajeshwar Rao, MP Besides, three wards of his brother Manohar Rao, two relatives of P. Venkata Rao and the son of AVR Krishnamurthy whose family lives with the Prime Minister have been allocated petrol pumps and gas agencies. Similarly , Rao s daughter, Vani Devi, who is the official hostess has a petrol pump allotted in the name of her daughter, Jyotiriyai. She was also favoured by the Airport Authority of India which released a prime piece of land located in Begumpet area to her for just Rs. 3 lakh. The market value is sated to be over Rs. 1 crore. It has been registered in the name of Shri Jai Balaji Agency, However, the Prime Minister s kin are not the only ones who have benefited from these allotments. Two children of Lok Sabha Speaker Shivraj Patil have also been favoured as have the two sons of a senior Judge of the Supreme Court. Interestingly; the Supreme Court had recently asked the government to supply a list of all discretionary allotments made by the Ministry. However, the Minister has so far managed to withhold this crucial document. But it has hardly helped as the list has been leaked by Sharma s one men."

2. A similar news item was also published in the Hindi newspaper "Punjab Kesari" dated March 10, 1988; the English translation of which is as follows :-

17 Poor Members of the family of the Prime Minister

Out of the short out ways of becoming rich, one way is to obtain Petrol Pump or Gas Agency. But the power to allot the same lies with the Petroleum Minister. He has the discretionary powers to allot petrol pump or gas agencies in charity. This power of doing such charities has been entrusted in some special cases which include the people belonging to the poor, backward classes and the wives of those who were killed in the war. But all those persons to whom these agencies have been allotted by the Petroleum Minister Capt. Satish Sharma turned out to be a seam in itself. The matter was referred to the Supreme Court in which the Government was directed to submit a list. The Petroleum Minister suppressed the list. The list was demanded in the Parliament. But the list was not presented. Now the list has been leaked out from the Petroleum Ministry. Believe it, there are 17 relatives of the Prime Minister Narasimha Rao in that list. Five persons are his grand-sons and grand-daughters. Five others are the members of the family of V. Rajeshwar Rao. He is a Member of Parliament and the relative of the Prime Minister. Manohar Rao is the brother of Narasimha Rao. These agencies were also allotted to his three children. There is one more relative-P. Venkatrao. Two allottees have been found in his family. One is A.V.R. Krishna Murthy who resides in the residence of the Prime Minister. He has also been allotted the Agency at the Bolaram Road at Sikandrabad. But the most interested story is of Jyotirmai. Narasimha Rao is his real grand maternal father.

The authorised hostess of the Prime Minister s residence is Vani Devi who is the daughter of the Prime Minister and m

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1996 Supreme(SC) 1478

Cases Referred (2)