ADVOCATE GENERAL KERALA Vs. KUNCHACKO

JUDGEMENT

(1.) THIS is an application under S. 3 of the Contempt of courts Act - Central Act XXXII of 1952 - against the four respondents. First respondent being the writer of the impugned publication; the second respondent the Managing Editor; the third respondent the Chief Editor; and the fourth respondent the Printer and Publisher of the Malayalam daily newspaper'malayali'.

(2.) IN the issue of the paper dated 19th April, 1963 there appeared a publication under the heading ""ird Ex. P-1 is the copy of the said publication. Kunchacko referred to therein is admitted to be the first respondent.

(3.) THE first question that we have to decide is whether the publication amounts to contempt. Now, it is well settled that abusing and vilifying parties to a pending proceeding in relation to the proceeding, amounts to contempt. In this connection we might refer to the dictum of Lord hardwicke in Re Read and Huggonson (1742) 2 Atk. 469 where it was observed as follows: "nothing is more incumbent upon courts of justice than to preserve their proceedings from being misrepresented; nor is there anything of more pernicious consequence, than to prejudice the minds of the public against persons concerned as parties in the causes, before the cause is finally heard. . . THEre may be. . . a contempt of this court in abusing parties who are concerned in causes here. . . there cannot be anything of greater consequence than to keep the streams of justice clear and pure, that parties may proceed with safety both to themselves and their characters. "