COURT ON ITS OWN MOTION Vs. ASIAN AGE

JUDGEMENT

(1.) The present contempt proceedings stand initiated on the facts as noted by us in our order dated 30.5.2003, under which we had issued a notice to show cause against the contemnors as to why they be not proceeded against and punished for having committed contempt of court. Since the facts stand crystalised in the said order, rather than re-stating the facts, we note our order dated 30.5.2003. The same reads as under :

(2.) Subsequently, based on the stand taken by the three contemnors to whom the notice was issued, notices were issued to Shri M.J.Akbar, Editor-in-Chief of "The Asian Age" and Mohan Murti Shandilya.

(3.) Response has been filed. The contemnors, Mr.M.J.Akbar, Editor in Chief, Mr.Venkatesh Kesri, Reporter, Mr.Kaushik Mitter, Managing Editor and Mr.T.Venkatesh, Printer and Publisher of "The Asian Age" have at the outset tendered an unqualified apology to this Court for publication of the new item. In their affidavits, they have stated that they hold the entire judiciary of the country in very high esteem and have the highest level of regard for this Court. Deep regrets have been expressed for having published the news item. As per the affidavit of Shri Venkatesh Kesri, Reporter of 'The Asian Age", contemnor Mohan Murti Shandilya had contacted him and had furnished the information on the basis of which he prepared the news item. In his affidavit, Shri Venkatesh Kesri states that he went by the words of Shri Mohan Murti Shandilya. We may note that in his affidavit, Shri Venkatesh Kesri has not stated that he tried to verify the contents of the statements given to him by Mr.Mohan Murti Shandilya, by causing an inspection to be made of the Court record or by contacting Shri Maninder Singh (Advocate) against whom also, certain acts have been alleged. Shri Kaushik Mitter, Managing Editor, in his affidavit has stated that he bonafide believed the statements to be true and cleared the report for publication. We may note that Shri Kaushik Mitter also does not say in his affidavit that he tried to obtain verification of the contents by causing inspection to be made of the court records. In his affidavit, Mr.T.Venkatesh, Printer and Publisher has stated that he believed the contents of the news item to be correct based on the scrutiny of the application under Section 319 Cr.P.C. We may note that even Mr.T.Venkatesh does not state in his affidavit that he attempted to find out as to what happened to the application in question. In his affidavit, Mr.M.J.Akbar, Editor has also not stated that he caused or directed that an enquiry be made of the Court record about the application. Contemner Mohan Murti Shandilya has not expressed any regret nor tendered any apology. As per his affidavit, Mr.Venkatesh Kesri contacted him and wanted his comments in respect of the subject matter in issue. He requested Mr.Venkatesh Kesri to meet him but the meeting never materialised. In his affidavit, Mr.Mohan Murti Shandilya has denied having given any papers to Mr.Venkatesh Kesri, much less being the motivator of the offending publication. However, the following averments need to be noted :