C K DAPHTARY Vs. O P GUPTA

JUDGEMENT

(1.) - This is a petition under Article 129 of the Constitution of India by Shri C. K. Daphtary and three other Advocates bringing to our notice the alleged contempt of this Court committed by the respondents (1) O. P. Gupta, (2) Rising Sun Press, Delhi, through its proprietor, and (3) M/s. Kanak Book Depot. Respondent No. 3 - Kanak Book Depot - has not been traced. Respondent No. 1, O. P. Gupta, appeared in person, and the proprietor of the Rising Sun Press, Mela Ram, also appeared in person.

(2.) In the Petition it is stated that Civil Appeal NQ 1731 of 1967 was flied in this Court by the State of U. P. against the judgment of the High Court of Allahabad whereby the High Court had held that the order of dismissal from service passed against respondent NQ 1, O. P. Gupta, was invalid. This appeal came up for hearing before this Court on various occasions and was ultimately heard by a Bench consisting of Shah, J., as he then was, and Hegde, J., on October 15, 1969 and October 16, 1969 (and, according to respondent No. I, also on October 17, 1969). It appears that the appeal was first heard on February 22, 1969 by Hidayatullah, C. J., and another Hon'ble Judge, but later on it was heard, as already stated, by Shah and Hegde, JJ., and the judgment was delivered on October 28, 1969 by Hegde, J.

(3.) It is further stated in the petition that respondent No. 1 "with the deliberate design of bringing into disrepute and scandalising this Hon'ble Court, wrote and got printed and published, by and through Respondent No. 2, a pamphlet which though ostensibly meant for the convenient use of members of Parliament was actually widely circulated and was made available for sale at M/s Kanak Book Depot, P. O. Ramsanehi Ghat, Distt. Barabanki U. P., Respondent No. 3". It is also stated that "the said pamphlet was, as the petitioners believe, sold or offered for sale to the public by Respondent No. 3".