HARI SHANKER JAIN Vs. M H BEG

JUDGEMENT

(1.) THIS application under section 15 of the Contempt of Courts Act, 1971 (Act No. 70 of 1971) (hereinafter to be referred to as Act) has been moved by Sri Hari Shanker Jain an Advocate practising in this Court. He has stated in the petition that he read a news item published in Hindustan Times of 1st July, 1982 that Mr. M. H. Beg, former Chief Justice of Supreme Court of India, made certain comments on judgments delivered by Mr. H. R. Khanna, former Judge of the Supreme Court and now a candidate for Presidential Election. The petitioner has stated that Hindustan Times has very wide circulation in the country and the comments made by Mr. M. H. Beg which were reported on 1st July, 1982 were uncalled for and unfair. According to the petitioner, the relevant portions which amount to criminal contempt within the meaning of the Act are quoted in para 3 of the application.

(2.) DURING the course of arguments on the petition, the petitioner stated that he proposes to move an application for amendment of the petition. In the application for amendment he has prayed that Sri Khushwant Singh, Editor of Hindustan Times at New Delhi be added as opposite party no. 2 and Dr. G. S. Hansraj on behalf of Hindustan Times Ltd. at Hindustan Times Press, New Delhi to be added as opposite party no. 3. In the amendment application certain allegations were also added in which it was maintained that Hindustan Times published contemptuous statement of Mr. M. H. Beg and hence the opposite parties nos. 2 and 3 are also guilty of committing contempt within the meaning of the Act. Along with the amendment application the petitioner filed news item which appeared in Hindustan Times on 1st July, 1982. The amendment application has been allowed.

(3.) SECTION 15 of the Act provides that in the case of a criminal contempt, the Supreme Court or the High Court may take action on its own motion or on a motion made by the Advocate General, or any other person with the consent in writing of the Advocate General. The section also provides that every motion or reference made under this section shall specify the contempt of which the person charged is alleged to be guilty.