M KALYANASUNDARAM Vs. M KARUNANIDHI

JUDGEMENT

(1.) Shri Kalyanasundaram, Editor of Janashakthi (a Tamil journal) and Secretary of the Communist Party of Tamil Nadu, who was 'severely warned' by the High Court of Madras for alleged 'indirect Civil contempt' is the appellant in this appeal under Section 19 (1) (b) on the Contempt of Courts Act. 1971. The respondent who, at that time, was the Chief Minister of Tamil Nadu filed a suit, C. S. No. 17 of 1973. in the High Court of Madras claiming a sum of Rs. Ten lakhs as damages for certain alleged defamatory publications made by the appellant in a Tamil journal 'Kumudham'. The suit was instituted on January 5, 1973. The institution of the suit was given out as a news item on January 5, 1973 and January 6, 1973 in almost all newspapers at Madras. On January 14, 1973 the appellant published in Janashakthi of which he was the Editor the same news item about the institution of the suit along with a cartoon. There were exclamation marks wherever the figure Rs. ten lakhs occurred both in the news item and the cartoon. The respondent filed Contempt Application No. 2 of 1973 in the High Court of Madras in regard to the publication in the Janashakthi dated January 14, 1973. The High Court held that there was 'indirect Civil contempt'. The conclusions of the High Court may be stated in the words of the learned Judges themselves as follows:

(2.) We are afraid that we are wholly unable to agree with the High Court. In the first place the contempt if any is not a civil contempt at all. Civil contempt is defined in the Contempt of Courts Act as meaning "Wilful disobedience to any judgment, decree, direction, order, writ or other process of a Court or wilful breach of an undertaking given to a 'Court". There is neither disobedience of any order of a Court nor breach of an undertaking given to a Court. There is no civil contempt whatsoever. Criminal contempt however is defined as follows: