B M KHODADE Vs. SAPTARSHI

JUDGEMENT

(1.) This is a reference made under Section 15(2) of the Contempt of Courts Act, 1971 (the Act for short) made by Shri B.M. Khodade, Deputy Charity Commissioner, Pune Region, Pune, as then the learned Judge was. Scheme Application No.28 of 2000 filed under Section 50-A(1) of the Bombay Public Trusts Act, 1950 was pending on the file of the Deputy Charity Commissioner and after oral as well as documentary evidence was placed on record and arguments were advanced by the learned Advocates of the respective parties, the application came to be decided on merit on 29/3/2001 and the scheme in respect of the trust came to be framed. On 17/4/2001 the present respondent held a press conference at Pune and allegedly made reckless and unfounded allegations against the Deputy Charity Commissioner. The report of the press conference was published in some of the Marathi newspapers like Sakal, Loksatta and Lokmat and cuttings of the said news items have been annexed to the reference. It is also stated in the reference that Smt.Urmila Saptashri, the wife of the respondent was the Secretary of the concerned Trust i.e. Maharashtra Girl's Education Society in respect of which the scheme was finalised on 29/3/2001. In one of the newspapers (Lokmat) the press conference report was covered in more details and the press conference was addressed by the respondent along with Shri Sudhir Nirfarake, Advocate and Shri Ravindra Dhanak and some other persons representing few other organistions were also present. As per the said report the respondent, inter alia, alleged against Shri Khodade as under (verbatim in Marathi)

(2.) This news report went to show that the Deputy Charity Commissioner passed the order on 29/3/2001 by taking money and, therefore, based on these press reports a show-cause notice came to be issued, first to the three newspapers on 3/7/2001 and thereafter to the present respondent on 30/8/2001. The newspapers replied the notice and generally took the stand that the news reported was as per the press conference held by the respondent and others. The respondent submitted his reply to the show-cause notice on 6/9/2001 and the reference came to be forwarded to this court by the Deputy Charity Commissioner vide his letter dated 10/9/2001.

(3.) On issuance of notice by this court as per the order dated 30/11/2001, the respondent appeared on 14/1/2002 and on 21/2/2002 affidavit-in-reply was filed by reiterating that the Deputy Charity Commissioner is not the court or subordinate court within the meaning of the Act and, therefore, the reference was not maintainable. The respondent claims to be the Editor of a magazine by name "Satyagrahi" and in its issue of May 2001 he published a letter addressed to the Hon'ble the Chief Justice of this court, a copy of which was annexed to the affidavit-in-reply. The respondent claimed that he is the crusader against corruption and, therefore, he held the press conference to cleanse the judiciary from corruption/mal practices. He also claimed that at his instance an inquiry was initiated against Shri Khodade.