1. :- A notice to show cause under Section 15 read with Section 2(c) of the Contempt of Courts Act, 1971 (hereinafter referred to as 'the Act') was given to Shri Om Prakash Bansal, an Editor, Printer and Publisher of the weekly newspaper "Prasant Jyoti" for the news item published in the said paper dated 30th Mar. 1981. In the opinion of the court, the news item as a whole was prima facie contemptuous of this court and of the subordinate courts. This news item scandalised the former judges and the present judges of the High Court of Rajasthan. It also scandalises 32 judicial officers mentioned in the said news item. The District Judge, Jaipur City, the District Judge, Jaipur District, the Additional District Judge of Court Nos. 4, 6 and 7 had made reference to this court complaining that the publication of the aforesaid news item constituted criminal contempt of Court. It was further mentioned that in the show cause notice that the portions marked A to B, C to D, E to F, and G to H were in our opinion prima facie sufficient to take cognizance of the criminal contempt committed by Shri Om Prakash Bansal. Thus taking cognizance of criminal contempt committed by Shri O.P. Bansal, a direction was given to issue a notice to Shri O.P. Bansal as to why he should not be punished for the contempt of this Court and the subordinate courts. Copies of the references made by the subordinate courts, copies of the news item published in 'Prasant Jyoti' dated 30th Mar. 1981, and copies of the portions marked A to B, C to D, E to F, and G to H were sent to the contemner Shri O.P. Bansal. In compliance to the show cause notice Shri Bansal appeared in this Court and filed a written reply. Arguments in this case were heard on 14th and 15th May, 1981. Shri Bhagirath Singh Shekhawat, Advocate, appearing on behalf of the contemner closed his arguments on 15th May, 1981 and at the close of arguments submitted an application praying that he may be given an opportunity to summon certain record and to produce witnesses, Arguments were heard on this application also and it was ordered that the application shall be decided along with the main order. At this stage Shri O.P. Bansal also moved an application praying to stay the contempt proceedings so that he may obtain transfer orders from the Supreme Court. This application was dismissed by us on the same day.

2. Before dealing with the merits of the case we deem it necessary to reproduce the news item as a whole published in "Prasant Jyoti" dated 30th Mar. 1981 with portions marked A to B, C to D. E to F, and G to H:-

3. In the reply to the show cause notice Shri Bansal raised several grounds, the substance of which is as under :

(1) The procedure adopted before giving notice was not proper according to law.

(2) The so-called references do not come within the purview of reference and even the name of the non-petitioner has not been mentioned in this reference and no action has been sought against the non-petitioner as such the proceedings are not maintainable against him.

(3) The persons making references had not supported the same with affidavits.

(4) The matter published in the Article does not relate with any proceedings pending in any court and in case the matter published is considered to be false and defamatory, no proceedings for contempt can be taken but the remedy lies for taking proceedings for defamation by the persons who are alleged to have been defamed.

(5) The allegations made by the news item are the contents of representation given by 25 advocates of Jaipur in 1977 to the President of India, the copies of which were also given to other high signatories. In case any contempt has been committed of Hon'ble Judges it had already been committed on 5th Nov. 1977 by advocates of Jaipur and a proceeding for contempt of court after 31/2 years is barred under Section 20 of the Act. The advocates, who made the aforesaid representation are necessary parties in this case and in case the non-petitione