LAWS(KAR)-2007-2-9

A V AMARNATHAN Vs. H D KUMARASWAMY

Decided On February 23, 2007
A.V.AMARNATHAN Appellant
V/S
H.D.KUMARASWAMY Respondents

JUDGEMENT

(1.) SRI. A. V. AMARNATHAN is before this Court seeking for a relief of initiation of proceedings against Sri. H. D. Kumaraswamy, Hon'ble chief Minister for committing criminal contempt of this Court on the following facts:

(2.) THE respondent is the Chief Minister of the State. His brother is the Minister for power. The first respondent made a scathing attack on the Regulatory Commission. He made personal scathing attack on the Regulatory Commission, on the Chairman and the members of the commission. Complainant has filed Annexures 'a, 'b', 'c' and 'd' (paper cuttings ). Thereafter, the complainant submitted an application before the Advocate General seeking for a permission to proceed u/s. 15 of the Act. The same was rejected. With these facts, the complainant is before us for initiation of criminal proceedings against the respondent.

(3.) WE have heard the complainant appearing in person. On 31. 1. 2007, we directed the learned Counsel to convince us with regard to the Commission being a Court for the purpose of Contempt of courts Act. We also wanted him to convince us with regard to initiation of contempt proceedings based on newspaper reports. We have also sought an answer from him as to whether despite rejection of the consent by the Advocate General, can we proceed to initiate proceedings U/s. 15 of the Contempt of Courts Act.