JUDGMENT

BEG, C.J.I. (Minority view):— I am afraid I am unable to concur with the majority view on the case before us which arises out of the publication of a news item in the Times of India newspaper of 7 January, 1978, on which a notice to show cause why proceedings for contempt of Court be not initiated against the Editor of the newspaper was issued. I think that it is a serious matter if persons in the position of those whose names are given in the offending news item as having subscribed to a document containing a vituperous attack upon a particular judgment of this Court reported in Additional District Magistrate, Jabalpur v. S. Shukla. AIR 1976 SC 1207 are really signatories of this document. The attack is primarily irrational and abusive even if it is partially based on ignorance and the rest on misconception. The view of this Court in that case was that the effect of the Presidential Order under Art. 359 of the Constitution considered there was to disable High Courts from investigating questions relating to violation of the fundamental rights to personal liberty, protected by Article 21, in proceedings under Article 226 of the Constitution.

Article 21 of the Constitution re