COURT ON ITS OWN MOTION Vs. STATEMENT MADE

JUDGEMENT

(1.) A news item appearing in the Hindustan Times dated 28/09/2000 led to issuance of a suo moto notice to the Commissioner, Municipal Corporation of Delhi (for short "MCD"). The news item report stated as follows:-

(2.) Pursuant to the notice, an affidavit of the Commissioner, MCD, was filed on 18/10/2000. Alongwith the affidavit, a copy of the communication dated 26/09/2000 by the Chief Law Officer, M.C.D., addressed to Mr. Raman Duggal, Advocate, was filed as Annexure "A" thereto. It appears that the news item was based upon this letter. The letter reads as follows:-

(3.) As is apparent from the aforesaid letter, the Chief Law Officer, MCD, called for the explanation of Mr. Raman Duggal, Advocate, in regard to the statement attributed to him by the newspaper report whereby he is stated to have highlighted the factum of corruption amongst the Junior Engineers of the MCD. The controversy is linked with Writ Petition No. 841/98 which was a matter in which the said statement was made before us during the course of proceedings dated 25/09/2000. It may be pointed that the Writ Petition in the first instance was filed before the Supreme Court and was registered as Writ Petition (C) 286 of 1994 which was later transferred to this Court and was renumbered as C.W.P. No. 841 of 1998. The Supreme Court before transferring the matter had made the following directions to the M.C.D. and other authorities:-