Judgment

GROVER, J.- This is an appeal from the judgment of the Bombay High Court passed in exercise of ordinary original civil jurisdiction by which the appellants were found guilty of having committed contempt of Mr.Justice Tarkunde in his judicial capacity and of the Court. Appellant No.2 D. R. Goel, who is the Editor, Printer and Publisher of Perspective Publications (P) Ltd.,-appellant No. 1, was sentenced to simple imprisonment for one month together with fine amount ing to Rs. 1,000/-, in default of payment of fine he was to undergo further simple imprisonment for the same period. The appellants were also directed to pay the costs incurred by the State. On behalf of the first appellant it has been stated at the bar that the appeal is not being pressed.

2. The background in which the impugned article was published on April 24, 1965, in a weekly periodical called "Mainstream" which is a publication brought out by the first appellant may be set out. In the year 1960 a suit was filed by one Krishnaraj Thackersey against the weekly newspaper "Blitz" and its Editor and others claiming Rs. 3 lacs as damages for libel. The hearing in that suit commenced on the original side of the Bom