IMPORTANT POINT
Where the contemptuous action is of a general nature, and is not aimed at specific Judges or Courts, any one of such Judges or Courts, which perceives that the same is aimed at him (or it), would be well within its right, to make a reference of the same to the jurisdictional High court.

JUDGMENT :

Jagdish Singh Khehar, CJI.

1. The instant Writ petition has been filed by two petitioners, Transparency International India and Centre for Media Studies. The cause for the petitioners, to approach this Court, seems to emerge from a study, described as “India Corruption Study to improve Governance”, conducted by Centre for Media Study, and published by Transparency International India. It was sought to be repeatedly highlighted, that the above research program taken on hand by Centre for Media Studies, was a general study on governance, predominantly with reference to the bureaucracy, and the functioning of the administrative machinery. Yet it was acknowledged, that there were references to the functioning of the judiciary, as well.

2. Even though, the above study was conducted independently, with reference to each State, yet the relevant study, which has brought the petitioners of the instant writ petition to this Court, pertains to the State of Jammu and Kashmir, and is limited to the findings recorded therein, with reference only to the lower judiciary. For the aforesaid purpose, learned counsel for the petitioners invited our attention to Table No.2.1: Jammu and Kashmir-Ranking of Public Services, the extract whereof, which is relevant to the subject of the present controversy, is extracted hereunder :

       “Table No.2.1: Jammu & Kashmir-Ranking of Public Services     

A perusal of the table extracted above reveals, that the compilation of the views of those who were asked (to express their views) led to the inference, that 92% of the lower judiciary in the State of Jammu and Kashmir, was perceived to be corrupt.

3. It is also relevant to refer to Table 2.2: (Estimated No. of Households Paid Bribes), wherein, with reference to the lower judiciary in the State of Jammu and Kashmir, the study incorporated, the following data/information :-

“Table No.2.2 : Estimated No. of Households Paid Bribes

A perusal of the table extracted above reveals, that 2,23,267 cases of actual bribe giving were disclosed, with reference to the lower judiciary, in the State of Jammu and Kashmir.

4. Based on the findings recorded, with reference to the lower judiciary in the State of Jammu and Kashmir, the Court of Judicial Magistrate, 1st Class, Kangan, Jammu & Kashmir, on 4.5.2006 initiated action against five individuals/parties, details whereof are extracted hereunder :-

“1. P.N. Razdan, author of Op. Ed. Page – Corruption in J&K – here, there and Everywhere – I & II, C/o Greater Kashmir

2. Fayaz Ahmed Kaloo, editor Printer & Publisher, GK 14/B Sanat Nagar, Srinagar/6 Pratap Park, Residency Road

3. Zahir-ud-In – Executive Editor Greater Kashmir

4. Centre for Media Studies New Delhi through its Director/Secretary C/o GK

5. Transparency International through Chief Executive Officer C/o GK (non-applicant/respondents)”

It is therefore apparent, that the Centre for Media Studies (Petitioner No.2, before this Court), was issued notice at serial No.4, and Transparency International (Petitioner No.1, herein) was issued notice at serial No.5.

5. The text of the order dated 4th May, 2006, is also reproduced hereinbelow :-

“Order

4th May 06

Whereas Greater Kashmir, Newspapers daily, printed and published by non-applicant No.2 as edited by non-applicant No.3 has published an article in Op.-Ed at page 7 filled 'Corruption in J&K -here, there and everywhere – I & II authorized by non-applicant No.1, based on certain referen