SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1966 Supreme(MP) 94

High Court Of Madhya Pradesh
P. V. Dixit, C. J. and R. G. Bhave, J.
IN RE: VINOD MAHESHWARI AND ORS. - Appellant
Versus
STATE OF M P - Respondents
Misc. Criminal Case 142 Of 1966
Decided On : 08/25/1966

Advocates Appeared:
A.P.SEN, R.P.Agarwalla, R.S.DABIR

Headnote:Contempt of Courts Act, 1952 - S. 3 - contempt of Court - what is – purpose of the jurisdiction to punish contempt of Court.

       Where a newspaper published a summary of the statement given by the contemner at a Press Conference that he expressed that his party had no confidence in the Pande Commission appointed to enquire into Bastar firing and one of the reasons for the same was expressed to be that Justice Pande had on one occasion helped the Chief Minister, Mr. D.P. Mishra in the election petition filed against him (Mr. Mishra) by the PSP leader Mr. Kamal Narain Sharma, the contempt committed was not of Shri Justice Pandey individually or of the Commission which he was presiding but it was contempt of the High Court itself.

       It is well settled that the jurisdiction to punish cases of contempt consisting of scandalizing the Court itself is not given for the purpose of protecting the Judges personally from imputations to which they may be exposed as individuals. It is for the purpose of preventing interference with the course of justice which arises from publications which tend to detract from the authority and influence of judicial determinations and which are calculated to impair the confidence of the public in the Court as a whole.

       The dignity and authority of the High Court should be maintained and any statement, or publication or calumny which has the tendency of embarrassing and hindering the administration of justice must be repressed. This is very important in our Democratic Republic founded on rule of law which is upheld and sustained by the Judiciary. AIR 1961 SC 145, 1964 JLJ 472, 1964 JLJ 549 & 1966 JLJ 293 referred to. [Para 8]

       The person making such statement and the Editor, printer and publisher of the newspaper publishing such statement are guilty of contempt of Court. [Paras 9 & 10]

DIXIT, C. J.

( 1 ) THESE contempt of Court proceedings have been initiated against Shri purushottam Kaushik, Secretary. 'samyukta Socialist Party'. Madhya Pradesh, Shri narayanan, Editor of Madhya Pradesh Chronicle, a daily newspaper published from bhopal and Shri Vinod Maheshwari, printer and publisher of the said newspaper, in respect of a statement contained in an account of a Press Conference held by kaushik on 20th May 1966, which was published in the issue dated Bhopal the 22nd May 1966 of the Madhya Pradesh Chronicle: the report of the Press Conference, so far as it is material here, appeared thus:

"the Slate Samyukta Socialist Party has threatened to boycott the Pande commission on Bastar firing in case the Party's demands for ensuring confidence of the people in the Commission were not conceded. Mr. Purshottam Kaushik, Secretary, S. S. P. told reporters this morning that a decision to this effect was likely to be taken at the Executive meeting of the S. S. P. to be held at Bhopal in next month.

The demands of the Party are immediate transfer of the local officials responsible for the Bastar firing, enlargement of the Probe Commission by three Judges to be headed by a Supreme Court Judge among Other things mr. Kaushik said that the Party had no confidence in the Pande commission. He also listed the reasons for the same, one of which was that Justice Pande, he alleged, had on one occasion helped the Chief minister. Mr. D. P. Mishra in the election petition filed against him (Mr. Mishra) by the P. S. P. leader, Mr. Kamal Narain Sharma. "( 2 ) THE offending statement in the report of the Press Conference for which notices were issued to the aforesaid three persons to show cause why they should not be committed for contempt of Court is:

"he also listed the reasons for the same, one of which was that Justice pande, he alleged, had on one occasion helped the Chief Minister, Mr. D. P. Mishra in the election petition filed against him (Mr. Mishra) by the p. S. P. leader, Mr. Kamal Narain Sharma. "

( 3 ) IN response to the notices issued to them, Shri Narayanan and Shri Maheshwari appeared before us and tendered in writing an unqualified apology for publishing the objectionable statement saying that it was an act of "extreme indiscretion on their part" and assuring this Court that they have the highest respect for it and every Honourable Judge thereof and that they would take the utmost care hereafter "not to be caught again in an unguarded action of this kind so as to bring them in conflict with any Court or member thereof in discharge of its judicial duties". They have thrown themselves at the mercy of this Court saying that they have "realised that their action in publishing the impugned report has rendered them guilty". The editor and the printer and publisher of the newspaper have also said in their written apology that the account they published was on the basis of a cyclostyled statement circulated by the Samyukta Socialist Party for information of the public and the Press.

( 4 ) IN this reply Purshottam Kaushik has admitted that he held a Press Conference and made a statement thereat and that an account of the Press Conference was published in certain newspapers. His explanation is that he has been misreported by the Staff Reporter of the M. P. Chronicle and that during the course of the Press Conference he never uttered the offending statement. Purushottam Kaushik has relied on a report of his Press Conference which appeared in the issue dated 21st may 1966 of the Hitavada, another daily newspaper printed and published at bhopal, as containing a correct report of the statement he made at the Press conference. He has added that : "as a lawyer by profession I have very great respect of the judiciary as a whole and it is beyond me even to think that an honourable Judge of the high Court can be scandallised in any public speech (sic ). He further said: "i am really sorry and sincerely regret that a misreporting on the part of















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top