M D MUTHU Vs. REV D P SHETTIAN

JUDGEMENT

(1.) The proceedings in this matter have been initiated and commenced on the Contempt Petition filed under Article 215 of the Constitution of India read with Sections 11 and 12 of the Contempt of Courts Act, 1971 (hereinafter referred to as 'the Act' for short).

(2.) On 25.8.1988, a Division Bench of this Court took cognizance of the matter and commenced the proceedings by directing issue of Show Cause Notice to the respondent, making the same returnable by 19.9.1988. In response to the Show Cause Notice, the respondent has entered appearance and filed his counter.

(3.) Along with the Contempt Petition ('the Petition' for short), the complainants have produced the affidavit of complainant No. 1; the certified copy of the Judgment of the Hon'ble Supreme Court in Civil Appeal No. 84/75(Dt. Council of UBMC v. S.N. MATHIAS, ILR 1989 KAR 587) as Annexure-'A'; the copy of the plaint in O.S. No. 355/87 instituted in the Court of Civil Judge, Mangalore, Dakshina Kannada, as Annexure-'B'; the copy of the publication issued by the respondent as Moderator's Commissary, Karnataka Southern Diocese, C.S.I. published in the issue of "Udaya Vani", a Kannada Daily published from Mangalore as Annexure-'C' and the English translation of the said publication is Annexure-'C-1'; and the copy of the publication issued by the respondent in his capacity as Moderator's Commissary, C.S.I. Trust Association, Karnataka Southern Diocese, published in the issue of "Udaya Vani" as Annexure 'D' and the English Translation of the said publication is Annexure-'D-1'.