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2020 Supreme(Kar) 29
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Abhay S. Oka, Hemant Chandangoudar, JJ.
High Court of Karnataka Represented by the Registrar General – Complainant
Versus
Sri.G.N.Shivakumar Owner and The Chief Editor B-Tv News Channel & Ors. – Accused
CRL.CCC NO.1 OF 2020 C/W CRL.CCC NO.15 OF 2019
Decided On : 28-01-2020
For the Complainant :Sri. Prabhuling K.Navadgi, Advocate General With Sri Vikram Huilgol, HCGP
For the Accused :Sri. H.Shantibushan, Advocate, Sri. S.Vijayashankar, Senior Counsel for Sri. Rajeswar P.N. & H.R.Narayana Rao, Sri. Arun Shyam M.
Headnote:
Constitution of India, 1950 – Controversy - Corruption charges - It all began by publication news item as headline on front page of daily newspaper Deccan Herald December - During course of hearing pursuant to query made by us Senior Counsel representing accused news editor publisher and correspondent stated that approximate daily circulation of said newspaper in capital city is about– Held, Court accept unconditional apology tendered by accused in view of assurance given by Senior Counsel representing accused that disciplinary inquiry against third accused will be conducted by appointing retired senior Judicial Officer as Inquiry Officer and that accused will pay costs - By accepting apology subject to compliance with above assurances court drop contempt proceedings initiated against accused – Court direct accused to deposit amount costs with Registrar General of this Court within period of eight weeks from date on which copy of this order is available on website of this Court - Amount shall be deposited either by an Account Payee Cherub or by way of direct transfer to account of Registrar General after taking necessary account details from office of Registrar General – Court accept unconditional apology tendered by second to fourth accused as well as their assurance to follow guidelines which are placed on record and to pay By accepting apology and assurances court drop contempt proceedings initiated against second to fourth accused - Second to fourth accused shall deposit costs quantified with Registrar General of this Court within eight weeks from date on which copy of this order is available on website of this Court - Amount shall be deposited either by an Account Payee Cherub or by way of direct transfer to account Registrar General after taking necessary account details from office of Registrar General – Court accept unconditional apology tendered by fifth and sixth accused and assurance given by them to follow guidelines and to pay costs quantified - By accepting unconditional apology subject to condition of compliance with above assurances court drop contempt proceedings against fifth and sixth accused – Petition disposed
JUDGMENT :
ABHAY S. OKA, J.
Notices were issued to the contemnors/accused who have appeared and filed their responses on oath. As all of them have filed their responses on oath and as we are proceeding to dispose of the contempt petitions, we are granting exemption to all the accused from their personal presence in the Court.
2. It all began by a publication of a news item as a headline on the front page of the daily newspaper ‘Deccan Herald’ dated 16th December 2019. During the course of hearing, pursuant to the query made by us, the learned Senior Counsel representing the accused (the news editor, publisher and the correspondent) in Crl. CCC No.15/2019 stated that the approximate daily circulation of the said newspaper in the capital city is about 2.2 lakhs.
3. With a view to understand the controversy, we must note what was precisely stated in the offending news item on the basis of which the suo motu contempt proceedings were ordered to be initiated on the basis of the order of the First Court dated 16th December 2019. Though at the first blush, it may appear that the news item intends to report the action taken by this Court on the administrative side against the Judicial Officers who lack integrity, but as we refer to the contents of the news item, it becomes apparent that apart from being contemptuous, the news item shows the High Court administration in a very poor light.
4. What is stated in the news item will have to be summarized. The author of the news item is the third accused in Crl.CCC No.15/2019. The news item was published under the title “Rs.9 crores seized in raid on Judge” and “High Court Vigilance wing cracks down on ‘corrupt judges’ ”. The news item is described as “DH Exclusive”. The news item specifically records that it is written by the third accused.
5. Firstly, the news item reports that the Vigilance wing of the Karnataka High Court seized a sum of Rs.9 crores from the residence of a City Civil Court (Bengaluru) Judge in a crackdown on judicial corruption. The second part of the news item records that a highly placed source in the State Judiciary told the Deccan Herald that the raid was conducted after the Karnataka High Court issued notices to forty eight Judges of the Trial Courts in the State in the wake of the allegations of non-performance and corruption charges.
6. The third part says that the Vigilance wing will submit a detailed report on the raid to the Chief Justice of the High Court on Monday. The further part records that the notices to forty eight Judges were issued during the last three months and the authorities summoned all the forty eight Judges for questioning along with the documentary evidence and the Judges were asked to reply to the charges or to quit from the service.
7. The further part records that the Vigilance wing’s raid on the Judge’s residence began three days ago and the Judicial Officers seized Rs.9 crores from one Judge. It further reports that a source said that action may be initiated against other corrupt Judges also. The next part records the alleged statement made by the President of the Advocates’ Association of Bengaluru. The further part records that there is a rumour that the Chief Justice may be transferred to Allahabad High Court due to crusade against graft. It also refers to a letter written by the Executive Member of the Advocates’ Association of Bengaluru to the Registrar General referring to the rumours. Lastly, there is a specific allegation that more than twenty Judges have taken voluntary retirement in the last forty five days, but the reasons were not clear.
8. The material placed on record in Crl.CCC No.1/2020 will show that the news item published in Deccan Herald had a cascading effect and the scrolls of the news item were shown on at least three television channels (the accused in Crl.CCC No.1/2020) allegedly on the basis of the news item published in Deccan Herald regarding seizure of cash of Rs.9 crores from the residence of a City Civil Court (Beng
