VIKAS TIWARI Vs. STATE OF UP

JUDGEMENT

(1.) THE present petition has been preferred by the petitioner namely Vikas Tiwari who is a practicing Advocate of this Court in which it has been prayed that the respondents who are connected with the publication of offending report in Hindustan Times dated Sept 20, 2010, be proceeded against under the Contempt of Court Act by taking suo motu cognizance of the matter for their acts of scandalizing the Court by making reckless allegation against the sitting Chief Justice imputing to him to have passed the administrative order which it is further alleged inured to the advantage of Smt Mayawati Chief Minister of the State. It is therefore alleged that they have thus diminished the authority of this Court by vilifying the Chief Justice by irrelevant and unvarnished imputations besides interfering with due course of judicial proceedings.

(2.) THE respondents herein are connected with the publication of offending report in Hindustan Times dated Sept 20,2010 under the heading "Maya's Taj Case taken from Judge. Further sub heading in the newspapers mentions " Curious turn-Allahabad HC Chief Justice splits Rs 175 Cr scam case into two, another judge to look into criminal charges. The news item has been published as HT Exclusive by Nagendar Sharma. It is argued that the report has been published in such a way as to convey an impression in the mind of general public that the administration of justice can be prevented, prejudiced, obstructed or interfered with and thus has the potentiality to shake the confidence of the litigating public in the system.

(3.) IN para 14, the petitioner has referred to Paragraph no. 7 of the News item which reads as follows.