STATE OF MAHARASHTRA Vs. SHIRISH V PAI

JUDGEMENT

(1.) THESE applications raise an interesting point of law and the point raised is : Is the Coroner appointed under the Coroners Act, 1871 (Act No. IV of 1871), a Court within the meaning of the Contempt of Courts Act, 1952 (Act No. 32 1952)? The circumstances under which this point has arisen may be briefly stated.

(2.) CERTAIN articles and reports, containing allegations regarding the cause of death of Anant Vishwanath Golatkar were printed and published by Shrimati Shirish V. Pai and Shrimati Malti Tendulkar in the issues dated 27-1-1957 of "navyug" and "har Har Mahadev" respectively. Certain writings, a poem and a speech of Shri P. K. Atre were printed and published in the issues, under various dates, of "maratha" and "navyug". The State of Bombay contends that by the printing and publishing of the above material and by the making of the above speech the opponents Shrimati Shirish V. Pai, Shrimati Malti Tendulkar and Shri P. K. Atre committed contempt of Court.

(3.) ON 20-1-1957 at about 8-45 O'clock in the evening, information was received by Sub-Inspector Kurne of the Gamdevi Police Station that a dead body of a male person had been taken to Dr. Purandare's Maternity Hospital at Chowpatty. The Police took charge of the said dead body on the same night at about 10 O'clock and thereafter the body was sent to the morgue at the J. J. Hospital. About the same time, a memo was sent by the Police to the Coroner of Bombay asking the Coroner to hold an inquest over the dead body. The dead body was subsequently identified to be that of Anant Vishwanath Golatkar. The State of Bombay contends that the Coroner of Bombay took cognizance of this matter at about 11-45 O'clock at night on the same day (20th January 1957 ). According to the submission of the State in these applications, the subject matter of the cause of death of Anant Vishwanath Golatkar was sub-judice before the Coroner of Bombay from 11-45 p. m. on 20-1-1957 onward and that this fact was known to all the opponents who figure in these applications.