Judgment

P. JAGANMOHAN REDDY, J.: These two appeals are by Certificate against the Judgment of the Orissa High Court convicting the Appellants for contempt of the High Court and imposing a fine of Rs. 300/- on the Appellant Santosh Kumar Sahu and Rs. 100/- on the Appellant, Dinabandhu Sahu. It appears that Santosh Kumar Sahu who was a party to a Writ Petition No. 418 of 1967 on the file of High Court of Orissa filed a petition described as representation petition before the Chief Justice, Hon ble Shri S. Barman and his companion Justices, praying that their Lordships may consider if it amounts to a contempt of High Court and to take whatever steps the law of the land calls for. It appears that this petition was in respect of the Flag Hoisting function held in the High Court of Orissa on the Republic Day January 26, 1968 at about 11.30 a. m. at which the Governor of Orissa Dr. Khosla, Chief Minister Shri Singh Deo, Dr. Mahtab, an ex-Chief Minister of that State and many others including the President of the Advocates Association, the Advocate of the High Court, Dinabandhu Sahu who was ex-Minister and ex-Advocate General of Orissa and others were present. At that function the Chief Justice made a speech at which he commenced the address by particular reference to the Governor Dr. Khosla, Chief Minister Shri Singh Deo and Dr. Mahtab. In the speech he also made a pointed reference to the presence of Dr. H. K. Mahtab, the former Chief Minister of Orissa and said that he had played an effective part in having a separate High Court for Orissa. The Chief justice seems to have had a tower constructed in the High Court and had been instrumental in renovating and adding to the present High Court with lawns and a fountain, on the completion of which he took great pride. The Republic Day was made an occasion for the speech at which he traced the process through which the judiciary in the State developed culminating in the establishment and functioning of the High Court at Orissa. He said in this process of steady progress, "came the dream of the present Chief Justice-myself for a High Court with a Tower and a Fountain surrounded by green lawns and flower gardens as in a Temple with a Fountain of Justice ". It is unnecessary to further examine the speech made by him except to say that this gave rise to certain misunderstandings in the public mind particularly among the rival political factions in the Orissa State which as Mr. Chari, the learned Advocate for the Appellants, described were at that time looked up in a bitter political struggle. About this time a Commission of Enquiry had been appointed by the Government of Orissa which was headed by Mr. Justice H. R. Khanna of the Delhi High Court, as he then was, to enquire into the conduct of 15 persons who at one time or the other were Ministers between 1961-66. Three of these persons against whom the enquiry was being conducted had filed Writ Petitions in the High Court of Orissa-one was filed by Mr. Jagannatha Rao, former Minister in that State, being O. J. C. No. 396 of 1967, the second was by Mr. Biren Mitra, a former Chief Minister, being O. J. C. No. 408 of 1967 and the third by Mr. Santosh Kumar Sahu, a former Deputy Minister of Co-operative, Mining and Forest, being O. J. C. No. 418 of 1967. In this latter Writ Petition Mr. B. N. Singh Deo, Chief Minister and Dr. H. K. Mahtab, former Chief Minister and leader of the party which was supporting the coalition were two of the Respondents. From 9-1-68 to 17-1-68 the arguments in these petitions were heard and on the latter date the judgment was reserved. Two of the Judges who heard these petitions were also present at the Flag Hoisting function on the Republic Day at the time when the Chief Justice made the speech, which was the subject matter of the representation petition. It appears news of the speech of the learned Chief Justice on the Republic Day was given in the Kalinga an Orissa newspaper on the 28th January 1968. On 30-1-68