JAI PARKASH AGARWAL Vs. VISHAMBHAR DUTT SHARMA

JUDGEMENT

(1.) This reference under Section 15 of the Contempt of Courts Act, 1971 has been made by the Addl. District Judge, Delhi to this Court for taking appropriate proceedings.

(2.) Shri Vishambhar Dutt Sharma filed an election petition challenging the election of the returned candidate Shri Jai Parkash Aggarwal to the Municipal Corporation of Delhi. The election petition had reached the stage of final arguments. In the issue dated 13-8-1985 of Jansatta and 14-8-1985 of Punjab Kesari, almost similar news items were published. The sum and. substance of the said news item was to the following effect :-

(3.) On publication of the aforesaid news items Shri Aggarwal filed a petition under Section 12 of the Contempt of Courts Act before the Addl. District Judge. It was stated that the petitioner namely Vishambhar Dutt Sharma having lost the election in the year 1983 has been carrying on a villification campaigning against the returned candidate. The said Shri Vishambhar Dutt Sharma is a Journalist and has used his considerable influence in the journalistic circles for the purpose of maligning the petitioner and defaming him. He had connived with the other respondents in the petition for contempt in getting published the two news items by the two Hindi Dailies published from Delhi. Thereby the respondents have committed a criminal contempt of serious nature against the dignity of the Court. The learned Addl. District Judge, on consideration of the entire matter, came to the prima facie finding that the said news items constitute contempt of Court and hag thus made this reference to this Court for taking appropriate proceedings.