ASSISTANT CHARITY COMMISSIONER CAMP BELGAUM Vs. K SHAMRAO

JUDGEMENT

(1.) The Assistant Charity Commissioner, Belgaum has referred certain material published by the respondents in Samyukta Karnataka Kannada daily for taking action for contempt of his Court. The respondents-accused are the Managing Editor, Editor and Printer and Publisher respectively of the said news daily published from Hubli. The items published in the said newspaper dated 16-4-92, 17-4-92 and 18-4-92 are scandalous and intended to interfere with the administration of justice which in turn would have impact on the mind of the litigant public approaching the petitioner for redressal of their grievances.

(2.) In their objections, inter alia, the respondents contended that the Charity Commissioner or an Assistant Charity Commissioner is not a Court and therefore the petitioner could not have made a reference to this Court to take action for contempt. We deemed it necessary to raise and determine the preliminary point, namely, whether the Assistant Charity Commissioner-petitioner is a "Court". Arguments were heard on this point at length.

(3.) Office of the Assistant Charity Commissioner at Belgaum is the creature of the Bombay Public Trusts Act 1950 and even after reorganisation of States in the year 1956 the Public Trusts both religious and charitable in the old Bombay State area are governed by the provisions of the said Act ('Act' for short hereafter). Chapter II dealing with establishment provides for the qualifications for appointments of Charity Commissioner and Deputy and Assistant Charity Commissioners. Under S. 4 of the Act while the Charity Commissioner shall be a person who is holding or has held a judicial office not lower in rank than that of a District Judge, a person to be appointed as Deputy or Assistant Charity Commissioner shall be a person who is holding or has held a judicial office not lower in rank than that of a Civil Judge or a Judge of the Small Cause Court among others. The petitioner herein is a Civil Judge working in the Judicial Department of the State whose services were placed by the High Court at the disposal of the Government for being appointed as Assistant Charity Commissioner under this provision. Accordingly since 28-10-1991 he has been performing judicial and non-judicial functions as such under the Act. The Lok Shikshan Trust, Hubli is registered as a Public Trust in the office of the petitioner and it publishes Kannada daily Samyukta Karnataka from Hubli and Bangalore simultaneously. It has large circulation throughout the State of Karnataka. As the Trust failed to pay contribution levied (Public Trust Administration Funds) of Rs. 10,407/- from 1952 to 1973 and had not rendered accounts of the Trust from 1975 to 1986 nor the Profit and Loss Account from 1985 to 1991 the petitioner had initiated actions against the Trust in discharge of its lawful duties and even Inquiry No. 546/1991 against the Trust was disposed of by his judgment dated 28-3-92. When these actions were pending respondent 1 went on writing letters to the petitioner with unwarranted remarks and dictating terms in respect of the case pending adjudication before him.