T A RAJENDRAN Vs. VAYALAR RAVI

JUDGEMENT

(1.) The petitioner Sri T.A. Rajendran is stated to be the Editor of Navab, Trichur. This petition is purported to be filed under Article 215 of the Constitution of India and Section 14 of the Contempt of Courts Act, 1971 (the Act) on the allegation contained in the petition; the apt provision of the Act appears to be Section 2 (c) read with Section 12. Respondents l and 2 respectively are the Home Minister and Irrigation Minister of the State of Kerala, Respondents 3 to 5 are the publishers and Editors of the two Newspapers, the Kerala Koumudi and Mathrubhoomi, and the 6th respondent is the State of Kerala, represented by the Chief Secretary.

(2.) The petitioner's case is that the public speeches made by the two Ministers on the 6th December. 1982, at the Youth Conference held at Mannam Nagar, Trivandrum, under the auspices of the Samastha Kerala Nair Maha Sammelanam, the newspaper reports of which are marked Exts. P-1 and P-2, constituted contempt of Court. The English version of Ext. P-l (which, according to the petitioner, contained the objectionable part of the statement attributed to the alleged contemners as reported in the Kerala Koumudi dated the 7th December 1982) reads as follows:- "If judiciary attempts to view the Government as political parties do, it would create difficulties for both", reminded the Home Minister Vayalar Ravi. "Government is prepared to recognise the right of judiciary to interpret law; but, if things go beyond that limit, it cannot be taken lightly", he stated. "The Home Minister was inaugurating the Youth Conference held in Mannam Nagar in connection with the Samastha Kerala Nair Maha Sammalanam. He emphasised the need for the judiciary, the Government and the Legislature functioning in harmony with mutual trust in order to strengthen democracy and ensure that people's faith in democracy is not shaken. Distrust among the three branches is not desirable. It is not proper for the judiciary to view the Government as enemy; particularly, is it correct for the judiciary to criticise the Government in the style of opposition parties? asked the Minister. He said, democracy would survive only if there are healthy traditions among these three branches'. The Home Minister said, 'It is the duty of the youth to preserve democracy which has taken root in the soil of India', he reminded the youth that the price to be paid for preserving democracy would be higher than that given for achieving it. If democracy survives, the gain is for the youth, and if it perishes, the damage also is to the youth", he said, democracy would survive only if there are healthy traditions among these three branches'. The Home Minister said, 'It is the duty of the youth to preserve democracy which has taken root in the soil of India', he reminded the youth that the price to be paid for preserving democracy would be higher than that given for achieving it. If democracy survives, the gain is for the youth, and if it perishes, the damage also is to the youth", he said. Minister Gangadharan "Considering the national interest, whether it is the judiciary, the Government or Legislature, in certain matters boundary bunds have to be erected", said the Irrigation Minister Sri M.P. Gangadharan who presided over the Sammelanam. He also said that if there were mistakes in the functioning and decisions of the judiciary, there should be restraint against it.

(3.) Ext. P-2 is the extract from the issue of the Mathrubhoomi daily dated the 7th December, 1982. Its rendition in English would be as follows:- On Monday two Ministers of Kerala from the same platform expressed the opinion that the criticism by the judiciary should not outstep the limit. It was at the Yuva Jana Sammelanam held in connection with the Samastha Kerala Nair Maha Sammelanam that the Home Minister Vayalar Ravi and Irrigation Minister M.P. Gangadharan expressed this opinion. "It is a matter for self-introspection whether judiciary could criticise the Government in a more severe manner than in which the opposition parties do", so said Vayalar Ravi, inaugurating the Sammelanam. "It is when the judiciary transgresses its limits, and adopts the style of political parties in criticising the Government the trouble arises. Transgressing its limits by each cannot be allowed to go unheeded". Sri. M.P. Gangadharan stated that whether it was the court of law, the Legislature or the Executive, in the national interests, its functioning should not transgress the limit. "Judiciary should exercise restraint on its thoughts. As it is not proper to give further details, I leave it there, not because of fear", said he.