S. MUKANCHAND BOTHRA Vs. VAIRAMUTHU RAMASWAMY

JUDGEMENT

(1.) This petition has been filed by the petitioner, party-in-person, praying this Court to take action on its own motion against the respondent for having committed criminal contempt under Section 15 (1) of the Contempt of Courts Act.

(2.) The petitioner, a film financier by profession, has filed this contempt petition stating that the respondent/contemnor has committed criminal contempt as defined under Section 2 (c) of the Contempt of Courts Act, 1971 and, therefore, pleaded that this Court should, of its own motion, take action against the respondent for the act of criminal contempt, by way of his speech, which, according to the petitioner, scandalizes or tends to scandalize or lowers or tends to lower the authority of any court or prejudices or interferes or tends to interfere with the due course of any judicial proceedings or interferes or tends to interfere with or tends to obstruct the administration of justice in the eyes of the public.

(3.) The cause for this complaint by the petitioner is that on 12.9.2015 in a function organised to commomerate the birth centenary of Hon'ble Mr. Justice P.S.Kailasam, held at Vidyodaya Auditorium, T.Nagar, Chennai, which function was organised for the release of commemoration stamp in honour of Late Justice P.S.Kailasam, the respondent was one of the guests and he was called upon to address the gathering in the presence of the Hon'ble Chief Justice of the Madras High Court. The other persons, who were present on the dais were one Mr.Sivaji Rao Gaikwad @ Rajinikanth, Mr.Nallikuppusamy Chettiar, Mr.P.Chidambaram, former Finance Minister of India and Hon'ble Mr. Justice P.R.Gokulakrishnan, Chief Justice (Retd.), Gujarat High Court. The respondent, it appears, has made a speech in Tamil, which for the sake of better clarity, is extracted hereinbelow :-