NIRANJAN PRASAD AGRAWAL Vs. S.K. AZAD

JUDGEMENT

(1.) THIS application for taking proceedings under the Contempt of Courts Act against Sri K.S. Azad, Editor, Guruwani newspaper, has been made by Sri Niranjan Prasad Agrawal on 6 -7 -1970. The Contempt committed is of the court of Sri Bidesi, SDM, Mathura, in whose court the criminal case Smt. Ketuki v. Khemchandra Under Section 145 of the Code of Criminal Procedure was pending. The application arises out of the following news item published in the Guruwani newspaper on 21 -2 -1970:

(2.) THE opposite party Sri K.S. Azad put in appearance in court and stated that he could prove his allegations against the Applicant. Thereupon, Hon'ble M.H. Beg. J. ordered on 3 -12 -1970 that an inquiry be conducted by the Sessions Judge, Mathura. The Sessions Judge conducted the inquiry and submitted his report dated 18 -12 -1971. He was of the opinion that the allegations made against Sri Niranjan Prasad Agrawal were incorrect.

(3.) THE law on whether an amending Act has a retrospective operation, applicable to pending cases also or can merely be applied prospectively to fresh cases can be said to be beyond controversy. In brief, amendment in procedure has a retrospective effect while the amendment in the substantive law applies prospectively. Controversy very often arises in whether the amendments, made are procedural or substantive. It will, therefore, be proper to first of all make a reference to the decisions of the Supreme Court and of the High Courts which have been brought to our notice.