SUBRAMANIAN SWAMY Vs. ARUN SHOURIE

JUDGEMENT

(1.) In the issue of Indian Express of August 13, 1990, an editorial was published bearing the caption "If shame had survived". The editorial reads as under:

(2.) It so happened that Justice Kuldip Singh, the then sitting Judge of the Supreme Court, was appointed as Chairman, Commission of Inquiry under the Commissions of Inquiry Act, 1952 (hereinafter referred to as '1952 Act') to probe into alleged acts of omissions and commissions by Shri Ramakrishna Hegde, the former Chief Minister of Karnataka. The one man Commission headed by Justice Kuldip Singh submitted its report on 22.06.1990.

(3.) These two contempt matters, one by Dr. Subramanian Swamy [Contempt Petition (Crl.) No.11 of 1990 Dr. Subramanian Swamy v. Arun Shourie] and the other [Contempt Petition (Crl.) No.12 of 1990 In the matter of Mr. Arun Shourie] suo motu arise from the editorial published in Indian Express as quoted above. In the contempt petition filed by Dr. Subramanian Swamy on 23.08.1990 under Section 15 of the Contempt of Courts Act, 1971 (hereinafter referred to as, "1971 Act") against the then Editor of Indian Express, Mr. Arun Shourie, it is contended that the editorial is a scandalous statement in respect of a sitting Judge of the Supreme Court of India and the judiciary. It lowers the authority of this Court as well as shakes public confidence in it and amounts to criminal contempt of this Court. It is submitted that unless this Court acts promptly and if necessary, suo motu in the matter, sitting Judges would be helpless and unable to defend themselves, and in the process, public confidence in judges and the courts would be eroded.