INDRANI DUTTA Vs. BALDEO SHARMA

JUDGEMENT

(1.) The following order of the Court was passed by D. K. Jain, J. - The order passed in Miscellaneous Criminal Case No. 683 of 1993 shall also dispose of the connected Miscellaneous Criminal Case No. 837 of 1993.

(2.) Madam Indrani Dutta, Fourth Additional Judge to the Court of District Judge, Durg and Madam Smt. Vimla Singh, Third Civil Judge (Class XX), Durg, are the petitioners (in Miscellaneous Criminal Case No. 683 of 1993), who have made a joint reference under Section 10 of the Contempt of Courts Act, 1971, for punishing the accused-contemners under Section 15 of the said Act for having committed criminal contempt of the subordinate courts of the High Court of Madhya Pradesh, for having published printed and distributed the false and frivolous news on 31-1-1993 and on other dates in February, 1993, in the premises of the District Court at Durg, as per Annexures-A- 1 to A-5, and that, the news so published and printed, was scandalous and tends to lower the reputation and character of the lady Judges of any Court of the District. The news was published and printed in "Swadesh Hindi Daily", "Roudra Mukhi", "Daink Pahat" and "Amar Kiran" news papers. The act of the accused-contemners, in publishing the news in their respective newspapers, was condemned by the Advocates of the District Bar Association, Durg and the letter of the Advocates of Bar Association, Durg is Annexure-A6, while the letter of the lady Advocates, is Annexure A-7 -- annnexed to the petition. The news item, published in the newspaper "Swadesh'' (Raipur), on 31-1-1993, filed vide Annexure A- 1, is reproduced as under :-- Similar news items were published in the other newspapers, vide Annexures-A-2 to A 5.

(3.) Shri Yashwant Tiwari. Advocate, Durg, along with eight other Advocates of Durg, are the petitioners in Miscellaneous Criminal Case No. 837 of 1993, who have made a reference under Section 15, read with Section 2(c-1), (c-2), 10 and 12 of the Contempt of Courts Act, 1971, for taking action against the accused-contemners 1 to 11 for having published, printed and distributed false and frivolous news tending to scandalise and to lower the authority of the lady Judges of any Court of Durg District, which is subordinate to the High Court of Madhya Pradesh and that, the news so published, prejudices or tends to interfere with, the due course of any judicial proceedings -- thereby committing an act of criminal contempt. The petitioners have annexed photo-copies of the news published in "Swadesh Daily", "Roudra Mukhi Daily". "Dainik Pahat" and "Amar Kiran Daily" ( Annexures-A- 1 to A-5) and they, have further annexed application of he Advocates and lady Advocates and notices issued by the Bar Association, Durg (Annexures-A-6 to A-l0).