2008 Supreme(Gau) 188

GAUHATI HIGH COURT
Amitava Roy,Ranjan Gogoi, JJ.
Re Lalit Kalita & Ors. -Appellant
Versus
. -Resopndent
Contempt Case (Crl.) No. 8 of 2005
Decided On : 04-03-2008

Headnote:

The court held that the news item in question, though casts a reflection on an individual Judge i.e. Justice Agarwal, the same affects or has the potential of affecting the credibility of the institution as a whole. Judges like Caesar's wife must be above suspicion (Krishna Iyer, J. in Baradakanta Mishra Vs. Registrar of Orissa High Court, (1974) 1 SCC 374). Confidence in the integrity, honesty and impartiality of a Judge is a necessary adjunct of the confidence that the judicial system must enjoy. Any allegation to the contrary carries with it the potential of eroding public faith in the judicial system. The maker of such an allegation, therefore, has to establish that he had reasonable materials and/or information in his possession on consideration of which he felt that it would be justified, in public interest, to inform the public of all that had happened by means of the news item in question.

Fact of the Case:

A vernacular daily "Ajir Dainik Batori" published a news item (translated version) under the caption "Even Hon'ble Judge is in Himanta Biswa's grip" on 10.8.2005. The news item alleged that Himanta Biswa Sarma, a powerful Minister of the State, was involved in two police cases registered in the Panbazar and Chandmari Police Stations of Guwahati for commission of offences under the Arms Act, Unlawful Activities (Prevention) Act as well as for offences under the TAD A. The news item further alleged that the records of investigation including the case diaries of the two cases became mysteriously unavailable. Though the trial court ordered for reconstruction of the records nothing in this regard was done and instead the powerful Minister had moved the High Court seeking his discharge/acquittal from the two cases. However, the High Court did not take any interest in the matter. The news item also alleged that one Bhuban Ggogoi had filed a PIL in the High Court in this regard which eventually came up for hearing before a Division Bench consisting of Justice D. Biswas and Justice P. G. Agarwal on 01.7.2004. According to the news item while Justice Biswas was inclined to treat the matter as a serious one Justice Agarwal thought otherwise. Eventually, the judgment was delivered after 90 days of the completion of hearing. A day after the delivery of the judgment, Justice Agarwal left for Singapore on a pleasure trip, the source of funds for which trip remained a mystery. The news item also stated that during the pendency of the PIL, 20 bighas of Govt. land was allotted to one Jerico Detergent Private Limited owned by Justice Agarwal's daughter and that the said allotment was made for a sum of Rs. 50,000/- per bigha though the market value of the land would be several crores of rupees. In the news item it was further stated that a son of Justice Agarwal had also developed intimacy with the Minister concerned and he had obtained a wine shop licence.

Finding of the Court:

The court held that the news item in question, though casts a reflection on an individual Judge i.e. Justice Agarwal, the same affects or has the potential of affecting the credibility of the institution as a whole. Judges like Caesar's wife must be above suspicion (Krishna Iyer, J. in Baradakanta Mishra Vs. Registrar of Orissa High Court, (1974) 1 SCC 374). Confidence in the integrity, honesty and impartiality of a Judge is a necessary adjunct of the confidence that the judicial system must enjoy. Any allegation to the contrary carries with it the potential of eroding public faith in the judicial system. The maker of such an allegation, therefore, has to establish that he had reasonable materials and/or information in his possession on consideration of which he felt that it would be justified, in public interest, to inform the public of all that had happened by means of the news item in question.

Issues: Whether the news item in question, though casts a reflection on an individual Judge i.e. Justice Agarwal, the same affects or has the potential of affecting the credibility of the institution as a whole.

Ratio Decidendi: The court held that the news item in question, though casts a reflection on an individual Judge i.e. Justice Agarwal, the same affects or has the potential of affecting the credibility of the institution as a whole. Judges like Caesar's wife must be above suspicion (Krishna Iyer, J. in Baradakanta Mishra Vs. Registrar of Orissa High Court, (1974) 1 SCC 374). Confidence in the integrity, honesty and impartiality of a Judge is a necessary adjunct of the confidence that the judicial system must enjoy. Any allegation to the contrary carries with it the potential of eroding public faith in the judicial system. The maker of such an allegation, therefore, has to establish that he had reasonable materials and/or information in his possession on consideration of which he felt that it would be justified, in public interest, to inform the public of all that had happened by means of the news item in question.

Final Decision: The court ordered the suo motu contempt proceeding to be closed in terms of its directions and conclusions recorded above.