NARENDRA D.V. GOWDA Vs. VINEET JAIN

JUDGEMENT

(1.) Three advocates practicing in this Court have instituted a Contempt of Court Case (Criminal) (for short "the petition") against the alleged contemnors accused nos.1 to 4 (for short "the accused"). Accused no. 1 is Chairman and Managing Director of Bennett, Coleman & Co. Ltd. Accused no.2 is Chairperson and Editorial Director of Hindustan Times India Ltd. Accused nos. 3 & 4 are Reporter and Editor-in-Chief respectively of a daily news paper "Kannada Prabha". The only prayer made in the petition reads thus:

(2.) The petitioners before filing this petition, on 3.4.2012 had submitted a memorandum under section 15 (1) (b) of the Contempt of Courts Act, 1971, (for short 'the Act') read with Article 215 of the Constitution of India, addressed to the Advocate General, seeking his written consent to file the petition i.e. the contempt of court case (criminal) against the accused before this Court.

(3.) On filing of the petition, the office raised an objection as to maintainability of the petition for want of written consent of the Advocate General and made an endorsement to post it before court for orders. In the vacation, on 23.4.2012, advocate on record for the petitioners filed a memo requesting to post the petition for preliminary hearing / orders / hearing, on 25.4.2012 before the Bench available in the vacation. Accordingly, the petition was placed before the Division Bench on 25.4.2012 when the order "issue notice" was passed.