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Andhra Pradesh High Court
Judges : C.KONDAIAH, P.A.CHOUDHARY
Mohd.Osman Shaheed - Appellant
Versus
Mohd.Baqur Hussain Shaaz - Respondent
Decided On : 07-10-79
CONTEMPT OF COURT - PUBLICATION OF ARTICLE IN URDU DAILY - INTERFERENCE WITH WITNESSES AND COURSE OF JUSTICE - LOWERING PRESTIGE OF COURT - INTIMIDATION OF JUDGE - EDITORS AND OWNER OF PRESS HELD GUILTY - SENTENCE OF IMPRISONMENT IMPOSED.
Fact of the Case:
The petitioner, an unsuccessful candidate in the Assembly Elections, filed an election petition challenging the result of the election. During the trial of the election petition, copies of an Urdu daily, Saz-E-Deccan, were distributed among the crowd outside the court premises. The article published in the newspaper contained derogatory remarks about the petitioner, the witnesses, and the judge trying the election petition.
Finding of the Court:
The court held that the publication of the article constituted a gross contempt of court. It interfered with the witnesses and the course of justice, lowered the prestige of the court, and intimidated the judge. The court found the Chief Editor and the Editor of the newspaper guilty of contempt of court and sentenced them to two weeks of simple imprisonment. The owner of the press where the newspaper was printed was also found guilty of contempt of court but was let off with a warning considering his old age and lack of actual management of the press.
Issues: 1. Whether the publication of the article in Saz-E-Deccan constituted contempt of court? 2. Whether the Chief Editor and the Editor of Saz-E-Deccan were guilty of contempt of court? 3. Whether the owner of the press where Saz-E-Deccan was printed was guilty of contempt of court?
Ratio Decidendi: 1. The court held that the publication of the article in Saz-E-Deccan constituted contempt of court because it interfered with the witnesses and the course of justice, lowered the prestige of the court, and intimidated the judge. 2. The court found the Chief Editor and the Editor of Saz-E-Deccan guilty of contempt of court because they were responsible for the publication of the article. 3. The court found the owner of the press where Saz-E-Deccan was printed guilty of contempt of court because he was the legal owner of the press and was responsible for the printing of the article.
Final Decision: The court convicted the Chief Editor and the Editor of Saz-E-Deccan of contempt of court and sentenced them to two weeks of simple imprisonment. The owner of the press where Saz-E-Deccan was printed was also found guilty of contempt of court but was let off with a warning.
( 1 ) THE peitioner in this Contempt Application No. 7 of 1979 is an unsuccessful candidate at the Assembly Elections held to the Andhra pradesh Legislative Assembly in February, 1978. He lost the electoral contest which was won by one Salahuddin Owesi who is not a party to the Contempt Case No. 7 of 1979 although he is one of the respondents to the connected Contempt Case No. 8 of 1979. The petitioner, having lost the election, filed an application petition No. 18 of 1979 in this Court questioning the result of that election. The election petition is under the representation of Peoples Act. The Election petition is presently being tried by Sri. Justice Narasinga Rao, one of the Honourable Judges of this court.
( 2 ) BY 7-3-1979, nine witnesses for the election petitioner were examined. The present petitioner, as required by the new Civil Procedure code, examined himself as the first witness. P. W. 3 one of the important witnesses for the election petitioner and a key-figure in this contempt case is one Mahaboob Alam Khan. Although his chief was over, his cross was deferred at the request of the aforesaid Sri Owesi.
( 3 ) ON 7-3-1979 by the time Court rose for the day, the chief-examination of the nineth witness was over. There were large crowds attending and watching the Court proceedings. At the end of the day as these crowds were thinning the Court Hall and coming out of the court premises, copies of saz-E-Deccan , an evening Urdu daily news paper, were being freely dustributed among all and sundry by persons who are alleged to belong to Majlis-l-lttehadi-ul-Muslimin, of which the aforesaid Owesi is the President.
( 4 ) saz-E-DECCAN is a Urdu daily of Hyderabad. Its Chief Editor is the first respondent Mohd. Baquar Hussain Sheez and its Editor is the second respondent. Sheriff Ahmed Khan Kurshid. The paper is printed in a press owned by M. A. Raheem an old and decrepit gentleman of about sixty years who is not made a respondent to contempt application No. 7/ 79, But, he figures as the fourth respondent in connected contempt case no. 8/79. In that day s issue of Saz-E-Deccan, an article relating to the aforesaid election petition was published. The article, as translated into english, reads as follows :- The Saz-E-Deccan. . Evening, daily, Hyderabad. The Conspiracy of Muslim League and Janatha Party against majlis-E-ltehadul Musalmeen. The Conspiracy of enemy in the guise of a friend (Marastin) and man behind the curtain from the world (Mahjoob-E-Alam), is exposed. Having instigated Osman Shaheed and Ahmed Hussain Election petition has been filed. Apprehension (Khadsha) to influence (Muthasir) Justice Sri. Narasinga Rao, in this election petition. Hyderabad (Staff Reporter) the so called leaders of Janatha Party and Muslim League who were averse on account of the success of Janab Sultan (Salahuddin owesi s) thumping majority, from Charminar Constituency in the last Assembly Elections, prepared a Conspiracy with the help and assistance of the Chief Editor of a news paper. Navide deccan, (Mahjoob-E-Alam)-Man Behind the Curtain from the world. Consequently, Sri Ahmed Hussain (Janatha Party) who became an M. L. A. previously with the help of Mailis-E-ltehadul musalmeen and Sri. Osman Shaheed Advocate (Muslim League) filed election petition against Mr. Owesi. However the people of charminar Constituency, are quite aware of this fact that these two gentlemen contested the election without any resources. They were neither having capacity to file the Writ, nor were they efficient enough to do this. Sri Mahajoob-E-Alam (Man behind the curtain from the world) united them against Mr. Owesi by means of money and helped them in all possible manner in filing the Writ. Before filing of the Writ, there was close friendship between Janab Abulla Musqathl and Mahjoob-E-Alam (Man behind the curtain from the world, ). On one hand, Mahjoob-E-Alam (Man behind the curtain from the World) maintained the friendship with Musqa
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