KAYIATH DAMODARAN Vs. INDUCHOODAN

JUDGEMENT

(1.) The application is to punish for contempt the Editor as well as the Printer and Publisher of the newspaper called Desabhimani, that is published from Kozhikode. The aforesaid newspaper had published on December 1 and 2, 1959, what purports to be information from its special correspondent, and its translation in English reads thus:-

(2.) The petitioner complains that the publication amounts to contempt of Court, because it defames him in connection with proceedings pending before a Magistrate; and the facts to support the complaint are given in his affidavit, which can be shortly stated. The petitioner is the defendant in Original Suit No. 80/1955, which is pending adjudication before the Subordinate Judge of Tellicherry, and an interlocutory order had in the case been passed for production of the accounts of the partnership, of which the petitioner and the plaintiff in the case were partners. The petitioner claims to have, in compliance, produced account books in his possession of the aforesaid partnership, that had been dissolved in 1953; and further avers that he was, on October 21, 1959, summoned in the case to produce discharged hundies and some other account books relating to a different concern, whereupon he produced some books, and field an affidavit undertaking to make a thorough search of the discarded books in his office and to produce the documents, if discovered, at the next hearing. That was fixed for November 25, 1959; and the petitioner swears in the affidavit before us that he directed his employees to make thorough search, to collect discarded books, papers, and to bundle them, with the object of producing them before Court; but the plaintiff of the civil suit filed a complaint before the District Magistrate, Sri V.T. Chacko, complaining of offences under S.406, 204 and 417 of the Indian Penal Code, against the petitioner. The complainant prayed for search of the petitioners office and premises for the recovery of any books and papers, that may be found there, and this step was taken on November 21, 1959; and the District Magistrate thereafter issued a search warrant, which was followed by a search of the petitioners house on November 21 and 22, 1959. The news concerning the search was published in the Desabhimani on November 26, 1959, and the District Magistrate was transferred from Tellicherry as the Principal Sub -Judge, Kozhikode. Thereafter, the news, extracted earlier in the judgment, was published in the newspaper.

(3.) The complaint is that the news item contains insinuations, which are calculated to interfere with the course of justice in the case, and to give the petitioner, who is a party to the case a bad character. The next complaint is that the news item constitutes contempt of the High Court and the Judges, including the Chief Justice. It follows that the petitioner claims the publication to be contempt of a party to a litigation, and to contain disparaging remarks about the Judges as well as the Chief Justice of this Court