judgment

SIKRI, J. : (For himself and P. Jaganmohan Reddy J.) - In this appeal by certificate of fitness granted by the Kerala High Court two questions arise (1) Whether on the day when the appellant, A. K. Gopalan, made the statement complained of or when it was published in "Deshabhimani" and proceedings in a court could be said to be imminent; and (2) whether this statement amounts to contempt of court.

2. The facts in brief are that on September 11, 1967, the ruling parties in Kerala State staged what is called Kerala Bandh . A serious incident took place on that day during the course of which one C. P. Karunakaran lost his life at a place called Kuttoor. A first information report was lodged on that very day. On September 12, 1967 the first information report was transferred to another police station. On September 20, 1967, the appellant, A. K. Gopalan, made the following statement :

"Tearful story.

It was the story of a young man who had to sacrifice his life to the naked goondaism of Congressmen, that was heard from the trembling lips of so many people in Kuttoor. Had this tragedy occurred in the course of a sudden fight one could have understood it. But what I was able to make