EDITOR OF HINDUSTAN TIMES Vs. STATE OF BIHAR

JUDGEMENT

(1.) Courts, last bullwark of a State, act to administer justice. Art of governance except that of a despot, is judged by dispensation of justice recognising the dignity and majesty of law. Every authority, including the Executive or Legislature, have to function judicially in mattess such as rights and interests recognised by law, legal injuries, etc. Judiciary, however, is the organ which functions independent of the Executive and the Legislature to command, if necessary, to obey the law and repair the injuries caused by men in power as well as those who function without or beyond the limits of law. Any disrespect to the seat of justice, any affront to its dignity, any disobedience of its commands, decrees or orders, is aifront or disobenience to the dignity and majesty of law, because obedience of law alone ensures peace, order and progress, such had been the zeal and demand of the people who desired to live in freedom that even monarchies in the west could not but convey to them that even the sovereign would obey the law and so commands, decrees and orders of the court. This concept of majesty of law has persisted in the democratic Governments and special respect to seat of justice has remained unimpaired. Any contumacious behaviour towards court has been treated as disrespect to the majesty of law. Since British brought their courts to India and pretended to deliver to theit subjects in the colonies a democratic administration, the concept of the independent judiciary and of special respect to seats of justice also came with it. Independent aad democratic India extended constitutional recognition to the independence of the court of justice and recognised their right to punish for contempt, a necessary incident to every court of justice, whose independence alone guarantees obedience to law, which has since become, for courts of record, the plenary power.

(2.) Freedom of speech is the core of all freedoms that men may desire. One may live without food for a day or two, without a roof over head for days and months, and for years with little or no clothes to cover the naked body, but to live without speech as a dumb who is not allowed to express himself even by signs or gestures, is living a life without the soul. Those who were put in prison, chained and put in confinements, could live for years as prisoners only because speech remained with them. As so long soul remains ia the body, it functions ; without the soul, a body has no meaning, so without feeedom of speech freedom has got no meaning. That India has leant in its relentless struggle for freedom and the Constitution of India has incorporated it as a fundamental right.

(3.) Reasonable rertrictions on all freedoms developed not because a law imposed them. They developed as a rule of self respect because to preserve the self respect it is necessary to respect others. It is said that words cause the gravest injury because body injuries heal up but injuries caused by words remain for ever. Can one belong to a society which he abuses ? Answer is no. Legislatures in a democracy represent the people. Can one get privilege to abuse them ? Answer is no. Legislatures must get the privilege of the people to punish one who abuses them. Lest one may not abuse the society, one must not abuse a legislature. Punishments for contempt of a sovereign alone can ensure that those who devite are made to realise that they cannot attack the dignity of the people of India or the State which represents them.