STATE OF KERALA Vs. M S MANI

JUDGEMENT

(1.) This Contempt Petition is filed by the State of Kerala complaining that the dignity and authority of the Apex Court are undermined by the respondents by publishing a three column news on the front page of the newspaper "The Kerala Kaumudi" on May 5, 1999. In the said column the alleged contemnor imputed scandalous, malicious, vilificatory, defamatory and libellous criticism against Shri K.N. Bhat, a Senior Advocate of the Supreme Court, Shri M.K. Damodaran, Advocate General of Kerala State and Shri G. Prakash, standing counsel for the State of Kerala, in the manner of conduct of C.A. No. 1466 of 2000 in this Court.

(2.) This Court issued notice on the Contempt Petition on August 9, 1999. The respondents having entered appearance raised a preliminary objection that the Contempt Petition is not maintainable, inasmuch as consent of the learned Attorney General/ Solicitor General under Section 15 of the Contempt of Courts Act, was not obtained before filing the contempt petition. The learned counsel for the petitioner has brought to our notice that the consent contemplated by sub-section (1) of Section 15 of the Act has been obtained on May 11, 2000 and submitted that the petition would, therefore, be maintainable.

(3.) In view of the above contention, it may be useful to read the relevant provisions of Section 15 of the Contempt of Courts Act 1971.