LAWS(GAU)-1994-9-3

DEBABRATA SAIKIA Vs. AJIT KUMAR BHUYAN

Decided On September 01, 1994
OEBABRATA SAIKIA Appellant
V/S
D.N. BEZBARUAH Respondents

JUDGEMENT

(1.) These three contempt petitions are inter connected. An order passed by this Court on 5th May, 1993 in M.A. (F) No. 63/93 and M.A. (F) No. 64/93 was the subject matter of news items published in local press. It is these publication of three different news items which has been the subject matter of contempt by the applicant who is common to all these three petitions.

(2.) Few basic facts may now be noted. The petitioner instituted two title suits numbering Title Suit No. 22/93 and 23/93 in the court of Asstt District Judge No. 2 at Guwahati against two local periodicals namely, 'Budhbar' and 'Sadin' claiming damages and compensation for his defamation. As an interim relief, the petitioner also prayed for injunction restraining the defendants from publishing of any further defamatory news in their respective news papers. The trial court granted ad-interim injunction restraining future publication of any news adversely affecting the plaintiff. The defendants preferred appeals against the orders of injunction passed by the trial court on 26.3.93 and 29.3.93, they were registered as MA (F) No. 63/93 and MA (F) No. 64/93 respectively and both the appeals were disposed by a common order dated 5.5.93 as already noted above.

(3.) It was this order dated 5.5.93 which figured as a news item in the local press, which have been termed by the applicant as 'contemptous', inasmuch as, they deliberately distorted and misrepresented the above judgment passed by this court, thereby impairing the faith of general public and interfering with the administration of justice.