Publication of contemptuous remarks undermines public confidence in the judiciary.

1. This case came to us on a reference made by the learned District and Sessions Judge, Saharanpur under the Contempt of Courts Act , 1971. The brief facts of the case are that Shri N.C. Gupta is the editor and Shri Surendra Pandit is the proprietor of the Hindi Newspaper "Vidambana'' published from Hardwar and Dehradun.

2. The editorial dated 11-4-1972 of the "Vidambana" contained wild allegations about the Judges and Lawyers in this country and used vituperative language, Hence, the learned District and Sessions Judge made a reference to this Court for taking such action as may be deemed proper against the publisher and the editor of the paper.

3. This Court issued notices to the two contemners, who filed affidavits and they were also present before us today at the time of the hearing of the case. We perused the original editorial, published in the newspaper "Vidambana" dt. 11-4-1972 and also the affidavits filed by the contemners offering their defence. So far as contemner No. 2. namely Shri Surendra Pandit (Surendra Kumar Sharma) is concerned he averred in his affidavit that Shri N.C. Gupta alone was responsible for the editorial which appeared in the newspaper; that he exercised exclusive control over the editorial written in the paper and that the deponent, who was merely a Sanrakchhak (Patron), did not share the duty of either editing the newspaper or otherwise managing it. He also offered his unqualified apology for the leading article, which had been published in the paper. Considering the apology tendered by Shri Surendra Kumar Sharma we do not think that it will be expedient to punish him for contempt, even though he may not be right in completely disowning any connection with this newspaper. We examined Shri N.C. Gurjta in this Court and in his statement he threw the entire responsibility on Shri Surendra Kumar Sharma. However, it is not necessary for us to probe into this matter further, as we are satisfied that Shri Sharma is really remorseful for the publication of an article of this nature in the newspaper "Vidambana". We, therefore, accept his apology and discharge him.

4. So far as Shri N.C. Gupta is concerned, he admits that he is the editor of this newspaper. We recorded, his statement in which he admitted that he was the author of the aforesaid editorial dated 11-4-1972. He had also filed an affidavit justifying the article and at the same time tendering an apology. From his demeanour in Court and from the general tenor of his affidavit we were not impressed by the kind of apology contained therein. We, therefore, examined him with a view to ascertaining as to whether he really felt regret for writing and publishing such article and whether his apology was bona fide. Before we comment on his own attitude to the said article, it is necessary to advert to the offending passages contained therein. Apart from a general criticism of the system of justice, there are aspersions on Judges and lawyers, which cannot, pass muster under garb of fair criticism.
(1) In the first place, it is said in the article that wealthy persons are able to secure verdicts in their favour from Judges by means of money. How can a poor man, who has no money to spend in these courts, expect justice from them ?
(2) Whether it be the courts of Hardwar, Roorkie. Saharanpur or Dehradun, at some places there is sant ganth (conspiracy) between lawyers and judges, at others the courts are offered the temptation of wine and women "Madhu Bala aur Madhu Hala."
(3) Justice which is meted out today cannot be regarded as impartial since the courts of today are the citadels of corruption and bribery.
(4) The justice which is administered in this country today is a puppet in the hands of the rich. If anyone po