LAWS(APH)-1987-6-17

STATE OF ANDHRA PRADESH Vs. RAMOJI RAO

Decided On June 04, 1987
STATE OF ANDHRA PRADESH Appellant
V/S
RAMOJI RAO.CHIEF EDITOR, NEWS TIMES (ENGLISH DAILY) AND EENADU (TELUGU DAILY) C/O USODAYA PUBLICATIONS PVT. LTD , HYDERABAD Respondents

JUDGEMENT

(1.) 1. An advocate of this court and a businessman of vijayawada town brought to the notice of this court a news-item and an editorial published in the telugu newspaper "eenadu" and the english newspaper ''news time", both published by "ushodaya publications private ltd". According to them the news-item contributed by Sri s. Venkatnarayana, a correspondent of the said newspaper, and the editorial constitute contempt of this court, the chief editor of both the newspapers, Sri ramoji rao, and the correspoadent,

(2.) on the said contempt cases being filed, the office raised an objection as to their maintainability. The objection was that, in as much as according to the petitioners, the respondents are guilty of criminal contempt, the contempt cases filed by them without obtaining the consent in writing of the advocate-general, as contemplated by Section 15(1)(b) of the contempt of courts Act, 1971, are not maintainable. The matter was placed before a bench of this court, consisting of the hon'ble chief justice and y.v, anjaneyulu, j. On 25-4-1986. The division bench overruled the office objection and ordered issuance of notices to respondents. The responpents appeared through counsel, and raised certain preliminary objections with respect to the maintainability of the contempt cases, besides resisting them on merits.

(3.) on 25-7-1986, the petitioner in c.c. No. 142/86 filed an additional affidavit bringing to the notice of this court another write-up in the daily "news time" dated 25-4-1986, contributed by Sri s. Venkatnarayana from new delhi, which too, according to him, amounted to contempt of this court.