STATE OF GUJARAT Vs. KARANBHAI

JUDGEMENT

(1.) These proceedings arise from a reference received from the Sub-divisional Magistrate, Bharuch who by his order dated 19-9-1985 has sent relevant papers with the submission that public news item which appeared in Lok Satta on 7-8-1984 amounts to contempt of court and that proper action is required to be taken against the respondent herein who has published the said news item. The papers with the covering letter of the Sub-divisional Magistrate, Bharuch were received by the office of this court somewhere in the last week of Dec. 1985. After the papers were processed, the reference was registered as Criminal Miscellaneous Application No. 1065 of 1986 and it was placed before this court for orders on 17-6-1986. On that date, this court issued rule to the respondent-alleged contemner and made it returnable on 8-7-1986. The rule has reached final hearing before us today.

(2.) Mr. Shethna who appears for the respondent has raised a preliminary contention about maintainability of those proceedings. Placing reliance on S.20 of the Contempt of Courts Act, 1971, he has submitted that the alleged contempt is said to have been committed on 7-8-1984 when the said publication was made. For the first time, this court issued Rule on 17-6-1986 which was obviously more than one year after the date of commission of the alleged contempt and hence, the present proceedings are barred by limitation. It is obvious that if this contention is upheld, no occasion would survive for us for looking into the merits of the controversy posed for our consideration.

(3.) In order to appreciate the preliminary objection about maintainability of those proceedings, it is necessary to note a few relevant introductory facts. One Ikramul Hak Ali Mohmed and others of village Kantharia in Bharuch taluka had applied to the Sub-divisional Magistrate, Bharuch to transfer chapter case No. 268 of 1984 which was pending under S.107 of the Criminal P.C. in the Court of the Executive Magistrate, Bharuch to any other executive Magistrate's Court. In the said transfer application, the respondent herein was shown as opponent. The Sub-divisional Magistrate, after hearing the concerned parties, decided to transfer the case to the Court of Executive Magistrate, Amod. That order was passed on 1-8-1984. Thereafter, a news item appeared in Lok Satta daily newspaper on 7-8-1984 stating that decision of the Sub-Divisional Magistrate was given under political pressure and it is this news item which has given rise to the present contempt proceedings. Applicants of the transfer application viz. Ikramul Hak Ali Mohmed and others submitted a miscellaneous application before the District Magistrate, Bharuch for taking action for contempt of court against the present respondent who had published the said item. This miscellaneous application was dated 31-8-1984. It was received in the office of the District Magistrate on 1-9-1984. Thereafter, it appears that the said application was processed and dealt with by the Sub-Divisional Magistrate, Bharuch who heard both the parties and ultimately came to the conclusion by his order dated 12-3-1985 that a prima facie case for contempt of court did exist against the respondent who had published the news item on 7-8-1984. Under these circumstances, the Sub-Divisional Magistrate referred the matter to this court by the communication dated 19-9-1985 as mentioned above. The aforesaid chronology of events clearly shows that the alleged contempt which was committed on 7-8-1984 when the news item was published is for the first time taken cognizance of by this court which is the competent court under the Contempt of Courts Act, 1971, only on 17-6-1986 when Rule was issued by this court. Thus, the cognizance of the alleged contempt is taken more than one year after the commission of the said contempt. These proceedings, therefore, clearly appear to be barred by limitation. S.20 of the said Act reads as under :-