BIMAN BOSE Vs. STATE

JUDGEMENT

(1.) On 12th December 1993 the Bartaman, a Bengali Daily Newspaper, published a report of a speech given by the respondent No. 1 at a seminar organised by the Association of Health Service Doctors. The statement attributed to the respondent No. 1 as translated in English reads as follows :-

(2.) This report was drawn to the attention of two Learned Judges of this Court. Being satisfied that the remarks would justify initiation of Contempt Proceedings a Rule was ordered to be issued calling upon the respondent No. 1, as well as the Editor and Publisher of the newspaper 'Bartaman' (being the respondents Nos. 2 and 3) to show cause why they should not be committed to prison or otherwise penalised or dealt with for having made derogatory remarks against the Judiciary. The rule was served on the respondents. Each of the respondents appeared in Court personally. Directions were also given for filing of affidavits. The Court also appointed Mr. S. K. Kapoor, Senior Advocate as Amicus Curiae in the matter.

(3.) Incidentally it may be noted that an application was made by Mr. C. Panda, an Advocate seeking to be impleaded as a party to the proceedings on the ground that he was interested to uphold the dignity of the Court The application was dismissed as the Court was of the view that his presence was not necessary.