SUPREME COURT OF INDIA
S.B. MAJMUDAR, G.B. PATTANAIK, V.N. KHARE, U.C. BANERJEE, R.P. SETHI, JJ.
State of Karnataka – Petitioner
Versus
State of A.P. and Others – Respondents
C.P. (C) No. 2000 in O.S. No. 1 of 1997
Decided On : 25-01-2000
Contempt of Court - Newspaper Report - The court found that a newspaper report discussing a matter under consideration by the court amounted to contempt of court, as it violated the court's order restraining parties from discussing their cases in the media.
Fact of the Case:
A newspaper report discussing a matter under consideration by the court was brought to the court's notice. The court had issued a clear restraint order directing all concerned parties not to go to the press or take recourse to any other media in respect of their respective cases.
Finding of the Court:
The court found that the newspaper report prima-facie amounted to contempt of court and issued a notice to the Chief Minister of the State of Karnataka for his alleged statement in the report.
Issues: Contempt of Court
Ratio Decidendi: The court's order restraining parties from discussing their cases in the media was violated by the newspaper report, leading to a prima-facie finding of contempt of court.
Final Decision: Notice issued to the Chief Minister of the State of Karnataka for alleged contempt of court.
ORDER :
1. A newspaper report captioned “Krishna talks tough on Almatti dam Says no compromise on height” published in the Times of India on 24.1.2000 is brought to our notice. If this is true, it clearly falls foul on the clear restraint order issued by us on 19.1.2000 which is as under:
2. The aforesaid order was passed on 19.1.2000 in presence of learned Counsel for respective States. Learned senior counsel, Mr. F.S. Nariman assisted by Mr. A.N. Jayaram, Advocate General for the State of Karnataka had taken note of this order for its due compliance by the State of Karnataka. Similarly, learned senior counsel, Mr. K. Parasaran assisted by Mr. A.K. Ganguli, learned senior counsel and Mr. N.V. Ramana, Addl. Adv. General for the State of Andhra Pradesh had taken note of this order for its due compliance by the State of Andhra Pradesh. Learned senior counsel, Mr. T.R. Andhyarujina, assisted by Mr. D.M. Nargolkar, learned Counsel for the State of Maharashtra had taken note of this order for its due compliance by the State of Maharashtra.
3. In view of our clear order, this type of report prima-facie amounts to contempt of this Court. Hence, notice to issue to Shri S.M. Krishna, Chief Minister, State of Karnataka who is said to have given the aforesaid statement, returnable on 8.2.2000. The alleged contemnor shall remain present on that date in the Court.
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