PHANIRAJ KASHYAP Vs. S R RAMAKRISHNA

JUDGEMENT

(1.) THE subject matter of all these four complaints is one and the same. THE complainant in CCC (Cri.) Nos.8/2009 & 9/2009 is Sri Phaniraj Kashyap and the complainant in CCC (Cri.) Nos.7/2010 & 8/2010 is Smt. K. Vijaya, mother of Phaniraj Kashyap. THEy have preferred these complaints after obtaining requisite permission from the Advocate General of Karnataka and initiated proceedings alleging criminal contempt of this Court and to punish the accused persons in accordance with law.

(2.) THE accused persons are the editor, publisher and reporter of Deccan Herald and MIDDAY Newspaper published from Bangalore.

(3.) WHILE this is the factual and legal position, to the utter shock and dismay, the complainant's family noticed a news report published in the front page of the daily English newspaper 'Deccan Herald' dated 9-5-2009 published in Bangalore wherein gross defamatory allegations have been made against him and also against his father, husband of the complainant-Smt. Vijaya under the caption 'Bangalore Varsity dishes out special favour to VIP son'. A copy of the said news report is at Annexure-B. The complainant-Smt. K. Vijaya's husband Mr. Justice K. Sreedhar Rao is a sitting Judge of the High Court of Karnataka. The news report/publication as appeared in the daily newspaper has been coined in such a manner that it will not merely an attack personally on the social standing, reputation and respect of complainant's son but is a direct attack also on his father. The reference to 'a Judge of High Court' in the said news report/publication was not just a casual reference, but evidently a well intended one aimed at scandalising and lowering the dignity and majesty of Hon'ble High Court of Karnataka. Evidently, the persons responsible for the publication of such unjust defamatory allegations are also guilty of 'criminal contempt' under the Contempt of Courts Act.