High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE NATARAJAN & THE HONOURABLE MR. JUSTICE P.K. SETHURAMAN
Advocate-General of Tamil Nadu, Madras - Appellant
Versus
R. M. Krishna Raju and Others - Respondent
Case No : C.M.P.S. R. Nos. 10482, 10503 and 10588 of 1980
Decided On : 10 September 1980
CONTEMPT OF COURT - INTERVENTION - BAR ASSOCIATION, ADVOCATES ASSOCIATION AND JUDICIAL OFFICERS ASSOCIATION - MAINTAINABILITY OF INTERVENTION PETITIONS - SCOPE OF FAIR COMMENT - RIGHTS AND PRIVILEGES OF ADVOCATES - DISTINCTION BETWEEN CONTEMPT AND FAIR COMMENT - PROCEDURE FOR INITIATING CONTEMPT PROCEEDINGS - JURISDICTION OF HIGH COURT IN RESPECT OF CONTEMPT OF SUBORDINATE COURTS.
Fact of the Case:
The Madras Bar Association, Madras High Court Advocates Association, and Tamil Nadu Judicial Officers Association filed intervention petitions in a contempt proceeding pending before the Madras High Court. The petitioners sought to intervene in the proceedings on the grounds that the matter involved the maintenance of the high dignity and reputation of courts and judges, the scope of a fair comment of the members of the Bar and the public in general on the functioning of the judiciary and the role of the legal profession, and the scope of journalistic reproduction of comments and letters.
Finding of the Court:
The High Court held that the intervention petitions were not maintainable. The Court found that there was no provision in the Contempt of Courts Act, 1971, or the rules framed thereunder for third parties to seek interventions or impleader in contempt proceedings. The Court also found that the petitioners had no right to be impleaded and that their presence as well as their representations would not contribute to the matter being presented in proper perspective before the Court.
Issues: 1. Whether the intervention petitions were maintainable? 2. Whether the petitioners had a right to be impleaded? 3. Whether the presence of the petitioners as well as their representations would contribute to the matter being presented in proper perspective before the Court?
Ratio Decidendi: 1. The Court held that the intervention petitions were not maintainable because there was no provision in the Contempt of Courts Act, 1971, or the rules framed thereunder for third parties to seek interventions or impleader in contempt proceedings. 2. The Court held that the petitioners had no right to be impleaded because they were not directly or indirectly concerned in the contempt proceedings. 3. The Court held that the presence of the petitioners as well as their representations would not contribute to the matter being presented in proper perspective before the Court because the petitioners had no special knowledge or expertise that would assist the Court in deciding the matter.
Final Decision: The Court dismissed the intervention petitions.
NATARAJAN, J.
The Madras Bar Association represented by its Secretary, the Madras High Court Advocates Association represented by its Secretaries and the Tamil Nadu Judicial Officers Association represented by its General Secretary, seek intervention, by means of their respective applications mentioned above, in the proceedings in Contempt Application No. 24 of 1980 pending before this Bench. The prayer for intervention by the respective Associations, has been made in the following circumstances
Consequent upon the learned Advocate-General moving this Court for the respondents, viz., (1) R. M. Krishna Raju, c/o. The Editor, The Hindu, Madras, (2) G. K. Kasthuri, the Editor, The Hindu, Madras, and (3) S. Rangarajan, the Printer and Publisher of the Hindu, Madras, being punished for contempt of the High Court, under Sections 10, 11 and 12 of the Contempt of Courts Act, 1971, a notice was issued to the respondents and they have entered appearance and filed their counter-affidavits. For the 1st respondent, as many as 272 Advocates have signed the Vakalat filed on his behalf. It has since transpired that the 1st respondent, R. M. Krishna Raju is a legal practitioner and a member of the Madras High Court Advocates Association. On account of this factor, the Madras Bar Association (hereinafter referred to as the 'Bar Association') and the Madras High Court Advocates Association (hereinafter referred to as the 'Advocates Association') seek intervention in the proceedings. We may briefly refer to the grounds set out in the affidavits filed on behalf of the respective associations justifying the claim for intervention
2. In the affidavit filed in support of the petition filed on behalf of the Bar Association it is stated as follows
"The Bar Association desires to make submissions on the contempt application as the matter involves the maintenance of the high dignity and reputation of courts and judges and the scope of a fair comment of the members of the Bar and the public in general on the functioning of the judiciary and the role of the legal profession as also the scope of journalistic reproduction of comments and letters. It is a matter of public importance requiring clear and definite guidance for the future." *
The prayer made is that the Bar Association may be impleaded as a party-respondent pro forma or permitted to make representations on the points involved
3. In the affidavit filed on behalf of the Advocates Association, it is stated as follows :-
"......... The above application raises question of general importance of the rights of the Members of the Bar to hold a (meeting ?) to express their opinion, regarding the functioning of judiciary in a general way;" *
The Association has therefore prayed for its coming in as intervener
4. In the application made by the Tamil Nadu Judicial Officers Association (hereinafter referred to as the 'Officers Association'), it is stated as follows in the affidavit filed by the Association's joint secretary;
"I submit that certain portions of the said letter as alleged in the affidavit filed on behalf of the first respondent are intended to scandalise or lower the authority of the Courts amounting to criminal contempt under the Contempt of Courts Act, 1971. I further submit that some of the portions are specifically directed against the subordinate judiciary and hence the executive committee of the Tamil Nadu Judicial Officers Association has resolved unanimously to intervene in the above matter and get itself impleaded as party respondent
3. I beg to state that in view of the facts mentioned above, the presence of the petitioner herein as party respondent before this Honourable Court is necessary for the proper, complete and effectual adjudication of the above Contempt Application. I submit that otherwise the Tamil Nadu Subordinate Judiciary against whom certain specific allegations have been made with ulterior object of undermining its authority will go unrepresented and may even lead to
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