STATE Vs. PREM SHANKER SHARMA

JUDGEMENT

(1.) SRI Prem Shanker Sharma, Station Officer, P.S. Roorkee, made an entry in the G.D. dt. 9 -7 -1971 of Roorkee Police Station, making scandalous and defamatory allegations against Sri Mahesh Chandra, a Judicial Magistrate posted at Roorkee This entry was published in extenso in a newspaper "Liberal Views" of which Sri Andrew Prakash is the editor and publisher. One Sri S.L.G. Kinkar, a journalist, sent a letter dt. 16 -4 -1972 to this Court bringing to its notice the contents of the G.D. Entry and its publication in the Journal "Liberal Views". The matter was examined in the office for some time and a report was then asked for from the Distt. Judge, Saharanpur, which has since been received and is dt. 1 -1 -1973. Thereafter, the matter was once again examined in the office and was put up before the Hon'ble the Chief Justice, who, vide his order dt. 1 -8 -1973, directed that the file be laid before this Bench for orders.

(2.) THE preliminary point for consideration before us is whether a notice should issue to Sri Prem Shanker Sharma and Sri Andrew Prakash. We have perused the copy of the entry in the G.D. and the issue of the "Liberal Views" dt. 15 -4 -1972 in which that entry is published and we do find that the allegations contained therein are scandalous. According to the report received from the Distt. Judge, the allegations are incorrect. We would, therefore, have felt inclined to issue notice to both the O.P.'s but for two defaults. Section 15, Sub -section (1) of Act No. 70 of 1971 states that in the case of a criminal contempt, other than an ex -facie 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 on the motion of any other person with the consent in writing of the Advocate -General. Sub -section (2) of Section 15 states that in the case of any criminal contempt of a subordinate court, the High Court may take action on a reference made to it by the subordinate court or on a motion made by the Advocate -General or in relation to a Union territory, by such law Officer as the Central Govt. may, by notification in the official Gazette, specify in this behalf.

(3.) NOW , so far as Sri Prem Shanker Sharma is concerned, his act consists in making the entry in the G.D. of 9 -7 -1971 containing scandalous allegations against a subordinate court. So far as Sri Andrew Prakash is concerned, his act consists in publishing that entry in the issue of "Liberal Views" dt. 15 -4 -1972. A period of more than one year has thus elapsed in respect to both the acts, viz. the making of the entry in the G.D. and the publication thereof in the "Liberal Views". Proceedings for contempt cannot, therefore, be initiated.