JITENDRA MAHESHWARIHER Vs. GOVIND ROY

JUDGEMENT

(1.) Contemner No. 1 Govind Roy is the Chief Editor of the weekly "Shilalekh", which is published from Delhi and Gwalior. Contemner No. 2, Sanjay Roy is the Editor of the said weekly paper. Contemner No. 3, is the Director/publisher of Bhuwan Publications, Pvt. Ltd. and Contemner No. 4, Smt. Kamleshwari Roy, is the printer of the said weekly.

(2.) An editorial was published in the weekly dated 15- 21/08/1993 at p.2, under the caption, "BHRASHTA NYAYAPALIKA AUR AAM AADMI". Smt. Renu Sharma, Third Addi tional Judge to the Court of the District Judge, Gwalior, has made reference under S. 15(2) of the Contempt of Court Act, 1971, for short, the 'Act', the said publication being highly contemptuous which maligns and, undermines the reputa tion and dignity of the judicial system as a whole and the officers working therein and Advocates, in particular. Two Advocates of this Court also filed a petition for taking action under Sections 11, 12 and 15 of the Act.

(3.) All the four contemners, today, filed a reply in both the matters and submitted that they never intended to undermine the dignity of the Court. The contemners have also stated that they withdraw the publication and tender unconditional apology. Shri M. M. Kaushik, learned counsel, appealing for the contemners, submitted that the contemners do not justify their action and, therefore, the apology be accepted and the contemners be pardoned.