VISHWANATH Vs. E S VENKATRAMAIH

JUDGEMENT

(1.) THE interview which Shri E. S. Venkatramaih, the former Chief Justice of India, gave to the noted Journalist Shri Kuldeep Nayar on the eye of his retirement i. e. on 17-12-1989, has given rise to the present petition for contempt. The news item was published in several newspapers including 'lokmat' daily and 'dainik RASHTRADOOT', Nagpur, and therefore, the respondents Nos. 3, 4 and 5 have been joined as contemners along with Shri E. S. Venkatramaih and Shri Kuldeep Nayar respondent Nos. 1 and 2 respectively. The petitioner is a practising lawyer of this Court and a former Chairman of the Maharashtra Bar Council. By this petition, he has brought to the notice of this Court what he termed as "gross, unwarranted contempt" of this Court committed by the respondents.

(2.) ACCORDING to the petitioner, the remarks of the former Chief Justice scandalise the entire judiciary in the country and lower its authority and prestige in the eyes of the litigants and the people at large. He has further contended that the respondents Nos. 3, 4 and 5 having published part of that interview have also contributed in scandalising the judiciary as a whole and lowering its authority and prestige. Consequently, they are also guilty of contempt. The petitioner has invited our attention to the following portion, which is the very first sentence in the interview given by the former Chief Justice :

(3.) MR. Palshikar has taken exception to the following portion in the statement, which read as under :