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1965 Supreme(AP) 301

Andhra Pradesh High Court
Judges : GOPALA KRISHNAN NAIR, NARASIMHAM
Advocate-General, A.P., Hyderabad - Appellant
Versus
V.Ramana Rao - Respondent
Decided On : 12-24-65

Headnote:

The respondent, Editor, Printer and Publisher of a weekly called "the Andhra Herald", published certain articles which are alleged to constitute contempt of the High Court, the subordinate judiciary and also the Election Tribunal constituted under the provisions of the Representation of the People Act, 1951.

Fact of the Case:

The respondent published certain articles in the Andhra Herald which were alleged to be in contempt of the High Court, the subordinate judiciary, and the Election Tribunal.

Finding of the Court:

The court found that the respondent was guilty of contempt of court and sentenced him to three months of simple imprisonment and a fine of Rs. 1000.

Issues: Whether the respondent's articles constituted contempt of court.

Ratio Decidendi: The court held that the respondent's articles constituted contempt of court because they were scandalous and intended to impair the confidence of the public in the courts and the judges.

Final Decision: The court sentenced the respondent to three months of simple imprisonment and a fine of Rs. 1000.

GOPALAKRISHNAN NAIR, J.

( 1 ) THIS contempt case was filed by the learned Advocate General for punishing the respondent for contempt of the High Court the subordinate judiciary and also the Election Tribunal constituted under the provisions of the Representation of the People Act, 1951. The respondent is the Editor, Printer and Publisher of a weekly called "the Andhra Herald". In its issue dated 29-11-1964, he published certain articles which are alleged to constitute to contempt of Court. "the Andhra Herald" is a bilingual weekly. A good part of it is in English and the rest in Telugu. Portions of the articles published in both these languages are relied upon by the learned Advocate General to make out that the respondent is guilty of contempt of Court. On the first page, in the English Section of the weekly, under the caption "you will hardly believe" the following passages occur:"that in strict variance with the directions of the Supreme Court, Justice Sreenivasacharis one man election tribunal would prefer to drag the trial over the election petition against Chief Minister Brahmanand Reddi till after the next general election, continuously shifting the venue of trial between Guntur and Hyderabad, to ensure better pay conditions and travelling allowances to the personnel". "that the unceremonious way in which Chief Justice Mr. P. Chandra Reddy was packed from Hyderabad with bag and baggage is symptom of the prevalence of the "rule of law" in the State of Andhra Pradesh. " Then on page 5, under the heading "kasu to face no-confidence move" it is stated:"all this story has been narrated in detail to enable the readers to understand and appreciate the treacherous role played by the Chief Minister Sri K. Brahmananda Reddi to interfere with the course of justice and the helpless way in which the beneficiaries of the Trust, having lost confidence in the integrity of the judiciary had to wind up their battle against corruption in the State of Andhra Pradesh. ""all this story" referred to in the above passage appears to be the story of "h. E. H. The Nizams charitable trust" and of "telco case" discussed in this previous paragraphs on pages 4 and 5 of the weekly

( 2 ) THEN we come to another passage on page 5 under the heading "reddi Justice". It reads as follows: "speaking at the inaugurating of the Andhra High Court at Guntur in 1954 Dr. N. Sanjeeva Reddy, then Home Minister observed that from now "we hall dispense with justice" to the merriment of all those who participated in the function. Where Dr Reddi failed to implement his words into deeds, his political heir Sri Kasi Brahmananda Reddi did succeed, as he boldly asserted while laying the foundation stone to the building of the Bar Council, that, there existed admirable co-operation between the judiciary and the executive in Andhra Pradesh. The way in which the administration of the Andhra Pradesh High Court was conducted during the last few years when Justice Mr. P. Chandra Reddi was the Chief Justice provides ample evidence to substantiate Sri Brahmananda Reddis claim not only in the appointment of law officers of the State and the promotion or transfer of Judges but also in the matter of constituting the Benches to dispose of matters in which the members of the executive are involved. " Stress is laid by the learned Advocate General on the last portion of this passage which speaks of the administration of the Andhra Pradesh High Court and the constitution of Benches to dispose of matter in which the members of the executive are involved.

( 3 ) THE rest of the allegedly offending publication is in Telugu and it appears on pages 7 and 8 of the same issue of the weekly. The official translation of the passage alleged to be offending are as under: "sri Kasu Vengala Reddi who, at the time of Guntur Zilla Parishad elections, had previously for the reason that the atmosphere was unfavourable to him, obtained an injunction order after winning over the Munsif and who had after muste

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