SARAT CHANDRA BISWAL Vs. SURENDRA MOHANTY EDITOR KALINGA

JUDGEMENT

(1.) ORIGINAL Criminal Miscellaneous Case No. 4 of 1968 of alleged contempt arises out of a petition of an unusual nature described as a "representation petition"-without mention of opposite party and without any specific prayer against anybody--filed by Sri San tosh Kumar Sahu, a party in a pending writ petition (O. T. C. No. 418 of 1967) in this High Court, alleged to contain matters purporting to scandalise the Orissa High Court, its Judges and the Chief Justice in particular; and original Criminal Miscellaneous Case No. 3 of 1968 arises out of the publication of certain news items and editorial in the Oriya daily "kalinga' of Cuttack--all in connection with the ceremony of the First Flag Hoisting over the newly constructed tower over the Orissa High Court on the last Republic Day, January 26, 1968.

(2.) IN Original Criminal Miscellaneous Case No, 4 of 1968 the opposite parties against whom notices were issued by this Court were Sri Santosh Kumar Sahu of the Congress Party, a former Deputy Minister in the previous Government and Sri dinabandhu Sahu, Sri Raghunath Das and Sri S. F. Ahmad, Advocates of this High court. In Original Criminal Miscellaneous Case No. 3 of 1968, the opposite parties on whom notices for alleged contempt were issued, were Sri Surendra Mohanty, editor of the 'kalinga' and Sri Bankim Chandra Das, Printer and Publisher of the 'kalinga' Sri Santosh Kumar Sahu was also made a party in the said case. The background in which notices for contempt were issued against the opposite parties are, shortly stated, as follows; a. Genesis : Background :

(3.) IN October 1967, a Commission of Enquiry was appointed by the present Orissa swatantra-Jana Congress Coalition Government to enquire into the conduct and actions of 15 persons who were members of the various Ministries from 1961 to 1966 including Sri Santosh Kumar Sahu. Writ petitions were filed by some of the aggrieved Ministers of the Congress Party--whose conduct and actions were to be investigated --including Sri P. V. Jagannatha Rao, Sri Biren Mitra and Sri Santosh kumar Sahu, challenging the validity of the Notification appointing the Commission of Inquiry set up by the Orissa Government. The first of these writ petitions O. J. C. No. 396 of 1967 was tiled by Sri Jagannath Rao, a former Minister of the Congress Party, on November 13, 1967; O. J. C. No. 408 of 1967 was filed by Sri biren Mitra, a former Chief Minister of the Congress Party, on November 22, 1967; and lastly, O. J. C. No. 418 of 1967 was filed by Sri Santosh Kumar Sahu, a former deputy Minister of the previous Congress Government, on December 1, 1967. The State of Orissa, Secretary, Home Department; Justice Sri H. R. Khanna, the commission of Inquiry; and Sri R. N. Singh Deo, Chief Minister of Orissa, were opposite parties 1 to 4 respectively in all the writ petitions. In the last of these writ petitions O. J. C. No. 418 of 1967, five more opposite parties are stated to have been impleaded, namely, Dr. H. K. Mahtab, Sri Mabakrishna Chowdhury, Sri pabitra Mohan Pradhan, Sri Santanu Kumar Das and Sri Surendra Nath Patnaik, It is said that Dr. H. K. Mahtab, leader of the Jana Congress Party, and Sri R. N. Singh Deo now Chief Minister of Orissa and leader of the Swatantra Party, filed affidavits purporting to be in support of the appointment of the Commission of inquiry against the various members of the previous Government. It is apparent that, as usual, when there was serious tussle between two rival political parties they criticised each other; and from their respective angle of approach mutual criticism is understandable.