STATE Vs. BADRI BHATIA

JUDGEMENT

(1.) 'teesara Prahar' is a daily news paper published simultaneously from Jaisalmer, Jodhpur and Pali. On the front page of the issue of 9. 06. 1992, the paper carried a news item with the caption vnkyr esa Hkh igaqpk isls dk tksj The news item purported to be given by one Badri Bhatia, who is a respondent before us. The offending portions of the said news item are: *************

(2.) RESPONDENT Manish Vyas is the proprietor, Chief Editor, publisher and Printer of the said news paper.

(3.) WE have heard learned Additional Advocate General who has assisted the Court. He submits that this is a case where grossest contempt has been committed by the two contemners who though have come out with apologies but the apologies are not sincere. Both the respondents have tried to come out with pleas in extenuation which are not substantiated and do not deserve to be accepted. The contemners should be awarded severe punishment so that it serves as an example to others. WE have heard Shri K. S. Rathore for Contemner Badri Bhatia and Shri R. R. Vyas for Contemner Manish Vyas. Both of them candidly conceded that by publishing the offending news-item and in particular the portions thereof reproduced above, the contemners did commit grossest Contempt of this Court as also that of a subordinate court. But, both of them urge that the unconditional apology tendered by the two respondents should be accepted by the Court and the Contempt should be taken to have been purged. In the alternative, it has been submitted that in view of the sincere contrition expressed by the respondents, lenient view may be taken in the matter of punishment.