VISHWA DEV SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) VISHWA Dev Sharma and Anand Dev Sharma were convicted under the Contempt of Courts Act, 1971 (for short the Act) by the Rajasthan High Court. They were sentenced to undergo simple imprisonment for a period of two months. This appeal under section 19 of the Act has been filed by Vishwa Dev Sharma against the judgment of the High Court dated September 8, 1992.

(2.) THE appellant is the editor of a Hindi daily newspaper called "Nyaya" which is published in three editions from Ajmer, Jaipur and Alwar. An article titled "From the Court precincts was published on October 6, 1987 in the Jaipur edition of the paper. The article was written by a freelance journalist Anand Sharma. The English -version of the article is reproduced in the impugned judgment of the High Court. We have been taken through the judgment of the High Court including the contents of the articles. We are, of the view that the contents of the articles are on the face of it contemptuous and, as such, the High Court was justified in convicting the appellant under the Act. The High Court in its judgment commented upon the article in the following terms: -

(3.) WE are not inclined to interfere with the conviction of the appellant and, as such, we uphold the judgment of the High Court to that extent. Keeping in view the age, health and other facts and circumstances of this case, we are of the view that the ends of justice would be met if instead of sentence of imprisonment, the appellant is awarded the sentence of fine. We, therefore, set aside the sentence of imprisonment awarded to the appellant and instead sentence him to pay a fine of Rs. 2,000/ -. In default of payment of fine, he shall undergo sentence of two months simple imprisonment.