STATE OF RAJASTHAN Vs. S N GAUTAM

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant proceeding under the Contempt of Courts Act, 1971 (for short herein referred to as 'the Act') has been registered on a reference being made to this Court under Section 15 thereof on 5.1.2012 by Smt. Indu Pareek, the then Chief Judicial Magistrate, Churu in the State of Rajasthan pleading commission of criminal contempt of court by the respondents herein by publishing a news item dated 10.10.2011 in the issue dated 11.10.2011 of the local Daily "Dainik Prakash Kunj" of which the respondents no.1, 2 and 3 are respectively Publisher & Printer, Editor and Local Editor thereof. The respondent no.4 is the complainant in the case then pending before the aforementioned Court and the author of the contents of the news item.

(3.) The news item published in the above issue of the Daily afore-named, of which the headquarter is claimed to be 31, Patel Nagar, Ram Mandir, 22 Godown, Jaipur (Rajasthan), in substance alleged that on the arrest and production of the accused in the case on board before the Chief Judicial Magistrate, Churu, though a prayer was made on behalf of the prosecution for his remand to the police custody, the Presiding Officer (Smt. Indu Pareek) allegedly on receiving graft granted only judicial custody to him. It was further alleged that on that day, whereas the public prosecutor Mr.Umed Raj Saini did appear for the prosecution, his son defended the arrested accused. While accusing the Presiding Officer and all concerned to be parties to such a visible fraud vis-a-vis the court proceeding, the news item sought to communicate that though normally in similar circumstances, the Presiding Officer accepting the prayer of prosecution used to grant police custody, she abstained from doing so having been bribed heavily, on the basis of some under hand arrangement involving the Court, the public prosecutor and his son as well as the arrested accused. The news item citing this episode ridiculed the justice system as a whole and disclosed that the knowledge thereof had been acquired as depicted from the reliable sources, which, however, was not disclosed. For the instant purpose, further dilation of the news item is uncalled for.