1978 Supreme(All) 689
B.N.KATJU, V.N.MISRA
Manik Chand Gupta – Appellant
Versus
Virendra Kumar – Respondent
Judgement Key Points
Key Points
- Petition filed by Manik Chandra Gupta and Mohammad Kaleem against opposite parties including Virendra Kumar (Editor), Rajendra Gupta (Managing Editor), Bajrang Lal (Local Correspondent), Dr. Mohammad Usman Chheola, and Izhar for contempt of court. (!) [25000388380001]
- After Sub-Divisional Magistrate Gulab Singh's order dated 1-2-1978 releasing disputed land under Section 146 Cr.P.C. in petitioners' favor, article published in Deshdoot newspaper alleging Magistrate's partiality and improper conduct. [25000388380001] (!)
- Article titled reporting hartal against "Parganadhikari ke pakshpatpurn ravaiye" (partial behavior of the Parganadhikari) and "tathakathit pakshpatpurn avam aniyamit ravaye" (alleged partial and irregular behavior) of Sri Gulab Singh. [25000388380001] (!) [25000388380005]
- Bajrang Lal propagated against Magistrate via loudspeaker, inciting shop closures; Suleman paid Rs. 5/- to announce Magistrate's order as dishonest and wrong for two hours. [25000388380002][25000388380007]
- Opposite parties 4 and 5 (Dr. Mohammad Usman Chheola and Izhar) denied involvement in article or payments; allegations against them not accepted due to denial. [25000388380003]
- Rajendra Gupta (opposite party 2) not involved as Managing Editor based in Jhansi, unaware of Allahabad publication. [25000388380004]
- Virendra Kumar (Editor, opp.1) and Bajrang Lal (opp.3) admitted roles but claimed article was fair comment; court rejected as words attribute partiality, scandalizing court. [25000388380005]
- Attributing partiality to court in order or decision exceeds fair comment limits, constituting gross contempt; impartiality is basic to court's prestige and dignity. [25000388380005][25000388380006]
- Publication in newspaper causes incalculable damage due to wide publicity; apologies by guilty parties rejected. [25000388380006][25000388380007]
- Suleman guilty for loudspeaker announcements scandalizing Magistrate's judgment as dishonest/wrong/illegal, despite ignorance claim; apology rejected. [25000388380007][25000388380008]
- Virendra Kumar, Bajrang Lal, and Suleman convicted under Section 12 Contempt of Courts Act, 1971; sentenced to one month's simple imprisonment, to be served forthwith. [25000388380006][25000388380008][25000388380009]
- Notices against opposite parties 2,4,5 (Rajendra Gupta, Dr. Usman, Izhar) discharged. [25000388380009]
B. N. KATJU, J.
( 1 ) THIS petition had been filed by Manik Chandra Gupta and Mohammad kaleem praying that the opposite parties namely Virendrea Kumar, Sampadak (Editor) Deshdoot (Dainki Jagran Jhansi Prakash) Rajender Gupta Managing Editor Deshdoot (Dainik Jagran Jhansi Prakashan), Bajrang Lal Local correspondent of Desdoot Hindi Daily, Cr. Mohammad Usman Chheola and Izhar be punished under the contempt of Court Act.
( 2 ) IT is alleged in the petition that after the order of Sri Gulab Singh Sub- Divisional Magistrate, Machhlishahr, district Jaunpur dated 1-21978 was passed releasing the land in dispute in favour of the petitioner under Section 146 Cr. P. C the opposite parties Bajtang Lal Dr. Mohmmad Usman chheola and Izahar with a view to scandalize the Magistrate got an article published in Deshdoot in Collusion with the Editor of the said paper. The said article runs as follows :
Uttar Pradesh ke anchal se Praganadhikari ke pakshpatpurn ravaiye ke biruddh hartal: Sabzimandi me punah nirman karya shuru hone ki asshanka se tanavpum sthiti ? Mungra Badshahpur (Jaunpur) Sthaniya subzimandi Id kurksuda jamin ke sambandh me Machhalishahr ke Parganadhikari Sri Gulab Singh ke tathakath
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