Case: Het Ram Beniwal &amp; Others Vs. Raghuveer Singh &amp; Others

2. The Appellants along with Sheopat Singh belong to the Marxist Communist Party. Sheopat Singh died during the pendency of these proceedings. It is relevant to mention that Appellants Nos. 2 and 3 are advocates. A prominent trade union activist of Sri Ganganagar District Shri Darshan Koda was murdered on 18.12.2000. Some of the accused were granted anticipatory bail in February, 2001 by the High Court of Rajasthan. The Appellants addressed a huge gathering of their party workers in front of the Collectorate at Sri Ganganagar on 23.02.2001. While addressing the gathering, the Appellants made scandalous statements against the High Court which were published in Lok Sammat newspaper on 24.02.2001. The offending statements made by the Appellants (from the translated version) are summarized as under:Appellant No. 1MLA Het Ram Beniwal said that, there are two types of justice in the courts. A thief of Rs.100/cannot get bail, if the lathi and gandasi is hit then the courts ask for the statements of the witnesses and diary, but Miglani and Gurdayal Singh committed the murder, even then anticipatory bail had been taken on the application withoutang Chaudhary, Advocate, District President, CITU said that the general public has lost confidence in the law andMCP Leader Bhuramal Swami naming the judge of the High Court said in attacking way that all around there is rule of rich people whether it is bureaucracy ornch Hardeep Singh told that there was influence of money behind the anticipatory bail of theAdvocate General gave his consent to Respondent No.1 for initiation of contempt proceedings on 16.01.2002. Thereafter, Respondent No.1 filed a Contempt Petition in the High Court. It was stated by Respondent No. 1 in the contempt petition that baseless allegations of bias and corruption were made by the Appellants against the judiciary. He also alleged that the Appellants were guilty of a systematic campaign to destroy the public confidence in the judiciary.3. The Appellants filed a common counter denying the allegations made against them. The appointment of the Special Public Prosecutor in the case of the murder of Shri Darshan Koda was in dispute and the Appellants contended that they were agitating for appointment of another competent lawyer as Special Public Prosecutor. They accused Respondent No.1 of initiating contempt proceedings only to harass and victimize them as they were agitating for a change of the Special Public Prosecutor. They denied making any defamatory statements against the judiciary. A compact disc (CD) was produced on 15.07.2003 which was a video recording of a press conference held on 15.05.2002 at Sri Ganganagar by the third Appellant and Sheopat Singh. The said press conference was also telecast on ETV (Rajasthan). The High Court viewed the CD after taking consent from both sides in the presence of the third Appellant and Sheopat Singh. The High Court directed a transcript of the video to be prepared and be kept on record.4. The High Court framed three questions for consideration which are as follows:i.statement published ind. 24.2.2001 published from Sri Ganganagar amounts to criminal contempt?ii. Whetherliability for whatever is published in the newspaper is absolute or he is not liable for faithful reproduction of the statement made by somebody else in the news reporting?iii. Whether it is proved beyond reasonable doubt on the basis of material on record that respondents No.2 to 6 did make the statements attributed to them respectively so as to hold them liable forIn view of the disparaging remarks made by the Appellants against the judges of the Rajasthan High Court, the High Court held that thestatement published inLok Sammat on 24.02.2001 amounts to criminal contempt. The scathing remarks made by the Appellants have a tendency of creating a doubt in the minds of the public about the impartiality, integrity and fairness of the High Court in administering justice. According to the High Court, the scurrilous attack made by the Appellants against the judiciary lowers the authority of the Court.6. In view of the unconditional apology tendered at the earliest point of time by Respondent No. 1, the Editor of Lok Sammat, the High Court discharged the notices against him in the contempt petition. The High Court answered the third point against the Appellants and held them guilty of contempt as the case was proved against them beyond reasonable doubt. The entire evidence on record was scrutinized carefully by the High Court to reach this conclusion. The press conference held by the third Appellant was highlighted by the High Court to conclude that the highly objectionable statements were, in fact, made by the Appellants on 23.02.2001. As the Appellants denied having made any statements against the judiciary in their reply to the contempt petition, the journalists demanded an explanation. The third Appellant stated that they stood by what was said on 23.02.2001. The High Court held the Appellants guilty of committing criminal contempt and sentenced them to simple imprisonment of two months and fine of Rs. 2000/

Reasoning:
12. We are, in the present case, concerned with Section 2(c)(i) of the Act which deals with scandalizing or lowering the authority of the Court. It has been held by this Court that judges need not be protected and that they can take care of themselves. It is the right and interest of the public in the due administration of justice that have to be protected. See Asharam M. Jain v. A. T. Gupta, reported in (1983) 4 SCC 125 .  Vilification of judges would lead to the destruction of the system of administration of justice. The statements made by the Appellants are not only derogatory but also have the propensity to lower the authority of the Court. Accusing judges of corruption results in denigration of the institution which has an effect of lowering the confidence of the public in the system of administration of justice. A perusal of the allegations made by the Appellants cannot be termed as fair criticism on the merits of the case. The Appellants indulged in an assault on the integrity of the judges of the High Court by making baseless and unsubstantiated allegations. They are not entitled to seek shelter under Section 5 of the Act.13. Thepassage from Ambard v.for Trinidad and Tobago, [1936] A.C. 322 is thatis not a cloistered virtue: she must be allowed to suffer the scrutiny and respectful even though outspoken comments of ordinaryThe Privy Council in the same judgment held as follows:path of criticism is a public way: the wrong headed are permitted to err therein: provided that members of the public abstain from imputing improper motives to those taking part in the administration of justice, and are genuinely exercising a right of criticism, and not acting in malice or attempting to impair the administration of justice, they areours]In Indirect Tax Practitioners Association v. R. K. Jain (supra) this Court held in paragraph 23 asthe Court would not use the power to punish for contempt for curbing the right of freedom of speech and expression, which is guaranteed under Article 19 (1) (a) of the Constitution. Only when the criticism of judicial institution transgresses all limits of decency and fairness or there is total lack of objectivity or there is deliberate attempt to denigrate the institution then the court would use this power.Every citizen has a fundamental right to speech, guaranteed under Article 19 of the Constitution of India. Contempt of Court is one of the restrictions on such right. We are conscious that the power under the Act has to be exercised sparingly and not in a routine manner. If there is a calculated effort to undermine the judiciary, the Courts will exercise their jurisdiction to punish the offender for committing contempt. We approve the findings recorded by the High Court that the Appellants have transgressed all decency by making serious allegations of corruption and bias against the High Court. The caustic comments made by the Appellants cannot, by any stretch of imagination, be termed as fair criticism. The statements made by the Appellants, accusing the judiciary of corruption lower the authority of the Court. The Explanation to12 (1) of the Act provides that an apology should not be rejected merely on the ground that it is qualified or tendered at a belated stage, if the accused makes it bona fide. The stand taken by the Appellants in the contempt petition and the affidavit filed in this Court does not inspire any confidence that the apology is made bona fide. After a detailed consideration of the submissions made by both sides and the evidence on record, we are in agreement with the judgment of the High Court that the Appellants are guilty of committing contempt of Court.