{"id":260830,"date":"2009-03-25T00:00:00","date_gmt":"2009-03-24T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/suo-motu-vs-sri-m-s-ravi-on-25-march-2009"},"modified":"2014-02-23T02:15:36","modified_gmt":"2014-02-22T20:45:36","slug":"suo-motu-vs-sri-m-s-ravi-on-25-march-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/suo-motu-vs-sri-m-s-ravi-on-25-march-2009","title":{"rendered":"Suo Motu vs Sri.M.S.Ravi on 25 March, 2009"},"content":{"rendered":"<div class=\"docsource_main\">Kerala High Court<\/div>\n<div class=\"doc_title\">Suo Motu vs Sri.M.S.Ravi on 25 March, 2009<\/div>\n<pre id=\"pre_1\">       \n\n  \n\n  \n\n \n \n  IN THE HIGH COURT OF KERALA AT ERNAKULAM\n\nCont.Cas.(Crl.).No. 2 of 2009(S)\n\n\n1. SUO MOTU\n                      ...  Petitioner\n\n                        Vs\n\n\n\n1. SRI.M.S.RAVI, THE PRINTER AND PUBLISHER\n                       ...       Respondent\n\n2. SRI.M.S.MANI, EDITOR-IN-CHIEF,\n\n3. SRI.DEEPU RAVI, MANAGING EDITOR,\n\n4. SRI.M.S.MADHUSOODANAN,\n\n                For Petitioner  :SUO MOTU\n\n                For Respondent  :SRI.P.A.AHAMMED\n\nThe Hon'ble MR. Justice K.BALAKRISHNAN NAIR\nThe Hon'ble MR. Justice M.L.JOSEPH FRANCIS\n\n Dated :25\/03\/2009\n\n O R D E R\n                       K.BALAKRISHNAN NAIR &amp;\n\n                       M.L.JOSEPH FRANCIS, JJ.\n\n                    -----------------------------------------\n\n                  CONTEMPT CASE (CRL) NO.2\/2009\n\n                    -----------------------------------------\n\n                       Dated      25th March, 2009.\n\n                                JUDGMENT\n<\/pre>\n<p id=\"p_1\">Balakrishnan Nair, J.\n<\/p>\n<p id=\"p_1\">      This contempt case is initiated suo motu by the High Court of Kerala,<\/p>\n<p>pursuant to the decision by the Full Court on the administrative side.<\/p>\n<p>Whether the decision of the Chief Justice alone is sufficient or that of the<\/p>\n<p>Full Court is necessary, is a debatable point, as there are conflicting<\/p>\n<p>decisions on this aspect.     But, the decision of the Full Court lends<\/p>\n<p>legitimacy to the proceedings and the same cannot be now described as the<\/p>\n<p>brainchild of the master of the roster or the Judge designated by him.<\/p>\n<p id=\"p_2\">      2. The brief facts of the case are the following: Kerala Kaumudi is<\/p>\n<p>one of the leading dailies in Malayalam.          It published an editorial on<\/p>\n<p>18.12.2008 under the caption &#8220;Comfort of the blindfolded eyes of the<\/p>\n<p>Goddess of Justice&#8221;. The said editorial was one dealing with the<\/p>\n<p>proceedings pending before this Court in the form of Bail Application<\/p>\n<p>Nos.7311, 7508 and 7551 of 2008 in Crime No.R.C. 8(S)\/93\/SPE\/KER\/CBI,<\/p>\n<p><span class=\"hidden_text\" id=\"span_1\">COCR 2\/2009                           2<\/span><\/p>\n<p>popularly referred as &#8220;Abhaya Case&#8221;. It was a case of unnatural death of a<\/p>\n<p>nun, who was an inmate of Saint Pius Xth Convent, Kottayam. Her dead<\/p>\n<p>body was found in the well of the said Convent on 27.3.1992. Initially, the<\/p>\n<p>investigating agencies of the State thought that it was a case of suicide. On<\/p>\n<p>the basis of the motion made by         late Abhaya&#8217;s father, the case was<\/p>\n<p>transferred to the Central Bureau of Investigation (CBI). The CBI also,<\/p>\n<p>initially, was of the view that it may be a case of suicide. Finally, the<\/p>\n<p>suspects were subjected to Narco Analysis and apparently, based on the<\/p>\n<p>informations so extracted, two priests and a nun were arrested as the<\/p>\n<p>accused in the case. Naturally, the case roused great public interest because<\/p>\n<p>of the involvement of the priests and the nun. A section of the people was<\/p>\n<p>applauding and encouraging the CBI for having performed a heroic act of<\/p>\n<p>arresting the culprits finally. Another section of the public felt that it was a<\/p>\n<p>false case foisted upon the priests and the nun and there was not sufficient<\/p>\n<p>material to implicate them. Some of their leaders even went up to the extent<\/p>\n<p>of beatifying the accused by comparing the difficulties faced by them to the<\/p>\n<p>travails of Jesus Christ on his way to Calvary Mount for crucifixion. The<\/p>\n<p>newspapers also published both the views.        Majority of the Press was<\/p>\n<p>highlighting the former view and a small section of the Press was giving<\/p>\n<p>prominence to the latter view. While so, Bail Applications were moved by<\/p>\n<p><span class=\"hidden_text\" id=\"span_1\">COCR 2\/2009                            3<\/span><\/p>\n<p>the three accused and they were being heard by a learned Judge of this<\/p>\n<p>Court. Print and electronic media were publishing everything that was said<\/p>\n<p>or omitted to be said in the Court Hall. It appears, during the hearing, the<\/p>\n<p>learned Judge made certain observations regarding the merits of the<\/p>\n<p>prosecution case. The CBI, apprehending bias, filed a petition on the<\/p>\n<p>administrative side before the Hon&#8217;ble the Chief Justice, praying to transfer<\/p>\n<p>the case from the Bench of the said learned Judge. The media was giving<\/p>\n<p>wide coverage to these developments. While so, an interview given by a<\/p>\n<p>former Judge of the Supreme Court was published by the Deepika daily, in<\/p>\n<p>which he made certain comments on the trial of the accused by media and<\/p>\n<p>the unreliability of Narco Analysis. The said daily is controlled by the<\/p>\n<p>Church, to which the accused belonged. Kerala Kaumudi was a newspaper<\/p>\n<p>generally supportive of the efforts made by the CBI to bring the culprits<\/p>\n<p>before law. It felt that the timing of the publication of the interview by the<\/p>\n<p>Deepika daily was chosen deliberately to influence the pending proceedings<\/p>\n<p>before this Court for bail filed by the accused. While so, the motion made<\/p>\n<p>by the CBI for transfer of the Bail Applications to another Bench was<\/p>\n<p>dismissed by the Hon&#8217;ble the Acting Chief Justice.             In the above<\/p>\n<p>background, the aforementioned editorial was published.<\/p>\n<p id=\"p_3\">      3. This Court, prima facie, was of the view that the publication of the<\/p>\n<p><span class=\"hidden_text\" id=\"span_2\">COCR 2\/2009                               4<\/span><\/p>\n<p>article was an interference with the due course of justice and decided on the<\/p>\n<p>administrative side, to initiate contempt proceedings. The main offending<\/p>\n<p>portions of the editorial are quoted below for convenient reference.<\/p>\n<blockquote id=\"blockquote_1\"><p>              &#8220;Just a perusal is enough to understand that the plea<br \/>\n      submitted by the CBI demanding transfer of bail application<br \/>\n      from the Bench of Justice Hema, who is considering the<br \/>\n      application involves serious legal questions. The CBI alleges<br \/>\n      that many observations which would adversely affect the<br \/>\n      progress of the case are being made, and decisions that favour<br \/>\n      the accused are being evolved in the open court. Now it is<br \/>\n      convinced that there is nothing surprising in the rejection of<br \/>\n      the plea to change the Bench submitted by the CBI.&#8221;\n<\/p><\/blockquote>\n<blockquote id=\"blockquote_1\"><p>       It is further stated in the editorial as follows:\n<\/p><\/blockquote>\n<blockquote id=\"blockquote_2\"><p>              &#8220;When a venerable person, who retired from the Supreme<br \/>\n       court and who is considered as the pillar of Christianity, wrote,<br \/>\n       in the daily of Christians, under his name criticizing<br \/>\n       interventions of the CBI in this case as cheap tactics, and this<br \/>\n       case came before the bench of the noble lady who was the<br \/>\n       junior of that person while he was practicing as an advocate,<br \/>\n       and now a High Court Judge, can the public be blamed if they<br \/>\n       suspect that the allegation made by the CBI may be true?<br \/>\n       Especially, when the venerable person, holding the office of<br \/>\n       The Chief Justice at the time the CBI filed the petition, left that<br \/>\n       office and another venerable person came as Acting Chief<br \/>\n       Justice, who fortunately or unfortunately, happened to be a<br \/>\n       Christian has only helped to magnify the suspicion of the<br \/>\n       people &#8230;.. .&#8221;\n<\/p><\/blockquote>\n<p id=\"p_4\">This Court felt that by publishing the above editorial, the publishers\/editors<\/p>\n<p>of the Kerala Kaumudi daily have committed criminal contempt as defined<\/p>\n<p>under <a href=\"\/doc\/231480\/\" id=\"a_1\">Section 2(c)<\/a> of the Contempt of Courts Act, 1971 (hereinafter referred<\/p>\n<p><span class=\"hidden_text\" id=\"span_3\">COCR 2\/2009                            5<\/span><\/p>\n<p>to as &#8220;the Act&#8221;). Therefore, it was felt that action should be initiated<\/p>\n<p>against them, as provided under <a href=\"\/doc\/1923500\/\" id=\"a_1\">Section 15<\/a> of the Act.       The matter was<\/p>\n<p>placed before the Bench on the judicial side for preliminary hearing under<\/p>\n<p>Rule 9 of the Contempt of Courts (High Court of Kerala) Rules, 1988<\/p>\n<p>(hereinafter referred to as &#8220;the Rules&#8221;). After hearing the learned Advocate<\/p>\n<p>General, it was felt that a prima facie case has been made out against the<\/p>\n<p>respondents. So, notice was ordered to be served on them. But, their<\/p>\n<p>personal appearance was dispensed with.\n<\/p>\n<p id=\"p_5\">       4. The 1st respondent is the Printer and Publisher, the 2nd respondent<\/p>\n<p>is the Editor-in-Chief, the 3rd respondent is the Managing Editor and the 4th<\/p>\n<p>respondent is the Editor of Kerala Kaumudi.        The respondents 1 to 3<\/p>\n<p>appeared through learned counsel Mr.P.A.Ahamed and filed separate replies<\/p>\n<p>in the form of affidavits, as contemplated under Rule 13 of the Rules. The<\/p>\n<p>4th respondent appeared through M\/s.Menon &amp; Pai, advocates and filed a<\/p>\n<p>reply in the form of an affidavit. Mr.T.Krishnanunni, senior advocate was<\/p>\n<p>appointed as amicus curiae, to assist the Court.\n<\/p>\n<p id=\"p_6\">       5.  The 1st respondent in the opening portion of his affidavit has<\/p>\n<p>submitted as follows:\n<\/p>\n<blockquote id=\"blockquote_3\"><p>             &#8220;2. At the outset the respondents respectfully submit<br \/>\n      that they have the highest respect for the judiciary and further<br \/>\n      have utmost confidence and faith in the integrity, fairness and<\/p>\n<p><span class=\"hidden_text\" id=\"span_4\">COCR 2\/2009                            6<\/span><\/p>\n<p>      impartiality of the Judiciary especially the Honourable High<br \/>\n      Court of Kerala.         It is respectfully submitted that the<br \/>\n      respondents herein have never attempted to sully the image and<br \/>\n      fair name of the Honourable High Court of Kerala.             The<br \/>\n      respondents herein respectfully submit that if this Honourable<br \/>\n      Court is of the view that the editorial captioned &#8216;Comfort of the<br \/>\n      blindfolded eyes of the Goddess of Justice&#8217; is contumacious or<br \/>\n      derogatory, they tender an unconditional apology and state that<br \/>\n      it was neither wilful nor wanton.&#8221; (Emphasis supplied)<\/p>\n<p>The printing\/publishing of the editorial was admitted by the 1st respondent.\n<\/p><\/blockquote>\n<p id=\"p_7\">After referring to the history of the Abhaya case and the efforts made by the<\/p>\n<p>Kerala Kaumudi to bring the culprits to light, the 1st respondent denied the<\/p>\n<p>allegation that the editorial contained contumacious, baseless or derogatory<\/p>\n<p>statements against a Sitting Judge of this Court. The 1st respondent added<\/p>\n<p>that the editorial only highlighted the action of the former Supreme Court<\/p>\n<p>Judge in expressing opinion regarding the handling of the case, when the<\/p>\n<p>matter was pending before this Court.       It is further submitted that the<\/p>\n<p>editorial only reflected the sentiments of the CBI and the general public. It<\/p>\n<p>is also pointed out that it was only highlighting the adverse impact of such<\/p>\n<p>statements by a former Supreme Court Judge and also the campaigns of the<\/p>\n<p>supporters of the accused carried out in public.         The 1st respondent<\/p>\n<p>concludes his affidavit in the following manner:\n<\/p>\n<blockquote id=\"blockquote_4\"><p>             &#8220;11.   It is further submitted that several news items<br \/>\n      published in Mathrubhoomi daily on various dates, highlighting<br \/>\n      the allegations that invisible hands are working to interfere with<\/p>\n<p><span class=\"hidden_text\" id=\"span_5\">COCR 2\/2009                            7<\/span><\/p>\n<p>      the investigation of Abhaya case and to hush up the same. The<br \/>\n      intention of the respondents was to warn against interference<br \/>\n      with the case by external force. The respondents never intended<br \/>\n      to interfere with the due course of justice. In fact, in public<br \/>\n      interest, as a responsible newspaper, the respondents were<br \/>\n      voicing its concern against the alleged interference with the<br \/>\n      due course of justice by interested person. When the editorial<br \/>\n      is read as a whole, it would show no disrespect for the<br \/>\n      judiciary.    But on the contrary, it was intended against<br \/>\n      interference with the functioning of the judiciary. Moreover<br \/>\n      the editorial was only a collective voice of the public who had<br \/>\n      sent letters to the respondents and some of the letters were also<br \/>\n      published     in the editorial column.   It is most respectfully<br \/>\n      submitted that the respondents have utmost respect and regard<br \/>\n      for this    Honourable High Court        and they have never<br \/>\n      committed Contempt of Court.          Despite the above, if the<br \/>\n      Honourable Court is of a contrary view, the respondents herein<br \/>\n      tender an unconditional apology to this Honourable Court and<br \/>\n      pray that this Honourable Court may be pleased to close the<br \/>\n      contempt against them.&#8221; (Emphasis supplied)<\/p>\n<p>The 1st respondent, thus prayed that further proceedings in the matter may<\/p>\n<p>be dropped.<\/p><\/blockquote>\n<p id=\"p_8\">\n<p id=\"p_9\">      6. Identical affidavits were filed by respondents 2 and 3 also. The 4th<\/p>\n<p>respondent filed a reply in the form of an affidavit, stating that he has<\/p>\n<p>nothing to do with the printing, publishing or editing of the Kerala Kaumudi<\/p>\n<p>daily. According to him, notwithstanding the order of the Hon&#8217;ble Supreme<\/p>\n<p>Court, he is not allowed to have any say in the editing or publication of the<\/p>\n<p>newspaper.\n<\/p>\n<p id=\"p_10\">      7.   In view of the said averments of the 4th respondent, the 2nd<\/p>\n<p><span class=\"hidden_text\" id=\"span_6\">COCR 2\/2009                            8<\/span><\/p>\n<p>respondent has filed an additional affidavit, denying the allegations of the<\/p>\n<p>4th respondent against other respondents. According to the 2nd respondent,<\/p>\n<p>the 4th respondent is not attending any of the meetings of the Board of<\/p>\n<p>Directors or taking part in the management of the affairs of the company.<\/p>\n<p>The said respondent denied the allegation of the 4th respondent that the latter<\/p>\n<p>is being prevented from functioning as Editor by others.<\/p>\n<p id=\"p_11\">       8.  We heard Mr.Sanjay Ramaswamy, learned senior counsel for<\/p>\n<p>respondents 1 to 3, Mr. A.M.Shaffique, learned senior counsel for the 4th<\/p>\n<p>respondent, Mr.Noble Mathew, learned senior Government Pleader and<\/p>\n<p>Mr.T.Krishnanunni, learned senior counsel who appeared as amicus curiae.<\/p>\n<p id=\"p_12\">       9. The learned senior counsel, who appeared for respondents 1 to 3,<\/p>\n<p>submitted that if the editorial is read as a whole, it will show that the same<\/p>\n<p>will not, in any way, influence the learned Judge hearing the Bail<\/p>\n<p>Applications. It was never intended to influence the learned Judge also. The<\/p>\n<p>newspaper only wanted to alert the learned Judge not to be influenced by<\/p>\n<p>external factors. The learned senior counsel submitted that the newspaper<\/p>\n<p>has greatest respect for this Court and read out the apology tendered in<\/p>\n<p>paragraphs 2 and 11 of the affidavit of the 1st respondent. The learned<\/p>\n<p>senior counsel, in support of his submissions, relied on the decisions in <a href=\"\/doc\/610252\/\" id=\"a_2\">R.<\/p>\n<p><span class=\"hidden_text\" id=\"span_7\">COCR 2\/2009                            9<\/span><\/p>\n<p>v. Metropolitan Police Commissioner, Ex<\/a> parate Blackburn (No.2)<\/p>\n<p>[(1968)2 All E.R. 319], <a href=\"\/doc\/890137\/\" id=\"a_3\">Andre Paul Terence Ambard v. The Attorney-<\/p>\n<p>General of Trinidad and Tobago<\/a> [(1936)1 All E.R.             704], Attorney<\/p>\n<p>General v. Times Newspapers Ltd. [(1973)3 All E.R. 54] and Vine<\/p>\n<p>Products, Ltd. v. Mackenzie &amp; Co.,Ltd.[(1965)3 All E.R. 58].<\/p>\n<p id=\"p_13\">      10. The learned senior counsel for the 4th respondent submitted that<\/p>\n<p>the said respondent has nothing to do with the publication of the editorial,<\/p>\n<p>as he is not permitted even to enter the office of the newspaper. The learned<\/p>\n<p>senior counsel Mr. T.Krishnanunni, who appeared as amicus curiae, took us<\/p>\n<p>through Rule 14 of the Rules. The learned senior counsel pointed out that<\/p>\n<p>since the respondents have not admitted their guilt and tendered<\/p>\n<p>unconditional apology, the Court may proceed to frame the charge and post<\/p>\n<p>the case for trial. He also submitted that the averments in the editorial<\/p>\n<p>clearly make out a case of criminal contempt. In support of his submissions,<\/p>\n<p>the learned senior counsel relied on the decisions in High Court of <a href=\"\/doc\/449651\/\" id=\"a_4\">Kerala<\/p>\n<p>v. Pritish Nandy<\/a> [1985 K.L.T. 732], In Re An Advocate [1985 K.L.T.<\/p>\n<p>813], Raju Bose v. Pritish Nandy [1986 K.L.T. 303] and <a href=\"\/doc\/1292446\/\" id=\"a_5\">Haridas Das v.<\/p>\n<p>Usha Rani<\/a> [2007(3) K.L.T. 587 (SC)].\n<\/p>\n<p id=\"p_14\">      11. We gave anxious consideration to the submissions made at the<\/p>\n<p><span class=\"hidden_text\" id=\"span_8\">COCR 2\/2009                            10<\/span><\/p>\n<p>Bar. Rule of law is the foundation of a civilized nation. Free and fearless<\/p>\n<p>justice contemplates the existence of an independent court. The foundation<\/p>\n<p>of the judiciary is the trust and the confidence of the people in its ability to<\/p>\n<p>deliver fearless and impartial justice and as such no action can be permitted<\/p>\n<p>which may shake that         foundation itself.    The purpose of contempt<\/p>\n<p>jurisdiction is to uphold the majesty and dignity of the courts. It is a<\/p>\n<p>special jurisdiction combining &#8220;the jury, the Judge and the hangman&#8221;. This<\/p>\n<p>jurisdiction is not exercised to protect the dignity of an individual Judge, but<\/p>\n<p>to protect the administration of justice from being maligned. Power to<\/p>\n<p>punish for contempt is for maintenance of an effective legal system. But,<\/p>\n<p>the said power cannot be invoked to wreak personal vengeance. Contempt<\/p>\n<p>jurisdiction is basic to rule of law. It ensures &#8220;Be you ever so high the law<\/p>\n<p>is above you&#8221;. The contempt power is a power conferred on courts for the<\/p>\n<p>benefit of the people to command obedience when justice is at stake and<\/p>\n<p>&#8220;authoritarian contumacy attacks judicial supremacy&#8221;. The courts should<\/p>\n<p>not be unduly sensitive to fair comments or even outspoken comments<\/p>\n<p>about their judgments or orders, made objectively, fairly and without any<\/p>\n<p>malice, but no one can be permitted to distort orders of the court. In the<\/p>\n<p>general interest of the community, it is imperative that authority of the court<\/p>\n<p>should not be imperilled and there should be no unjustifiable interference in<\/p>\n<p><span class=\"hidden_text\" id=\"span_9\">COCR 2\/2009                            11<\/span><\/p>\n<p>the administration of justice. In this context, it is appropriate to refer to the<\/p>\n<p>words of caution of the Hon&#8217;ble Supreme Court, dealing with the exercise<\/p>\n<p>of contempt power by the courts. Gajendragadkar C.J., in In re under<\/p>\n<p><a href=\"\/doc\/210155\/\" id=\"a_6\">Art.143<\/a>, Constitution of India [AIR 1965 SC 745] held as follows:<\/p>\n<blockquote id=\"blockquote_5\"><p>            &#8220;We ought never to forget that the power to punish for<br \/>\n      contempt, large as it is, must always be exercised cautiously,<br \/>\n      wisely and with circumspection. Frequent or indiscriminate use<br \/>\n      of this power in anger or irritation would not help to sustain the<br \/>\n      dignity or status of the court, but may sometimes affect it<br \/>\n      adversely.    Wise Judges never forget that the best way to<br \/>\n      sustain the dignity and status of their office is to deserve respect<br \/>\n      from the public at large by the quality of their judgments, the<br \/>\n      fearlessness, fairness and objectivity of their approach, and by<br \/>\n      the restraint, dignity and decorum which they observe in their<br \/>\n      judicial conduct.&#8221; (Emphasis supplied)<\/p>\n<p>Sabyasachi Mukharji, J. (as His Lordship then was) in <a href=\"\/doc\/681713\/\" id=\"a_7\">P.N.Duda v. P.Shiv<\/p>\n<p>Shanker<\/a> [(1988)3 SCC 167] observed as follows:\n<\/p><\/blockquote>\n<blockquote id=\"blockquote_6\"><p>            &#8220;Krishna Iyer, J. in his judgment observed that the Court<br \/>\n     should act with seriousness and severity where justice is<br \/>\n     jeopardized by a gross and\/or unfounded attack on the Judges,<br \/>\n     where the attack was       calculated to obstruct or destroy the<br \/>\n     judicial process. The court must harmonize the constitutional<br \/>\n     values of     free criticism, and the need for a fearless curial<br \/>\n     process and its presiding functionary, the Judge. To criticize a<br \/>\n     Judge fairly albeit fiercely, is no crime but a necessary right.<br \/>\n     Where freedom of expression subserves public interest in<br \/>\n     reasonable measure, public justice cannot gag it or manacle it.<\/p><\/blockquote>\n<blockquote id=\"blockquote_7\"><p>     The Court must avoid confusion between personal protection of<br \/>\n     a libelled Judge and prevention of obstruction of public justice<br \/>\n     and the community&#8217;s confidence         in that great process. The<br \/>\n     former is not contempt but latter is, although overlapping spaces<\/p>\n<p><span class=\"hidden_text\" id=\"span_10\">COCR 2\/2009                              12<\/span><\/p>\n<p>      abound. The fourth functional canon is that the Fourth Estate<br \/>\n      should be given free play within responsible limits even when<br \/>\n      the focus of its critical attention is the court, including the<br \/>\n      higher court. The fifth normative guideline for the Judges to<br \/>\n      observe is not to be hypersensitive even where distortions and<br \/>\n      criticisms overstep the limits, but to deflate vulgar denunciation<br \/>\n      by dignified bearing, and the sixth consideration is that if the<br \/>\n      Court considers the attack on the Judge or judges as scurrilous,<br \/>\n      offensive, intimidatory or malicious beyond condonable limits,<br \/>\n      the strong arm of the law must strike a blow on him who<br \/>\n      challenges the supremacy of the rule of law by fouling its<br \/>\n      sources and stream.&#8221; (Emphasis supplied)<\/p>\n<\/blockquote>\n<blockquote id=\"blockquote_8\"><p>      12. While considering the power of the court to punish for contempt,<\/p>\n<p>the right of the citizen to free speech should also be taken into account.\n<\/p><\/blockquote>\n<p id=\"p_15\">Freedom of speech and expression guaranteed by the Constitution is the<\/p>\n<p>soul of our democracy.      Freedom of speech means freedom to speak ideas<\/p>\n<p>we hate. Propounders of popular ideas need no constitutional protection,<\/p>\n<p>only heretics require it.      Justice Holmes of the U.S. Supreme Court<\/p>\n<p>explained the concept of free speech felicitously in the following words:<\/p>\n<blockquote id=\"blockquote_9\"><p>             &#8220;But when men have realized that time has upset many<br \/>\n      fighting faiths, they may come to believe even more than they<br \/>\n      believe the very foundations of their own conduct that the<br \/>\n      ultimate good desired is better reached by free trade in ideas&#8211;<br \/>\n      that the best test of truth is the power of the thought to get itself<br \/>\n      accepted in the competition of the market; and that truth is the<br \/>\n      only ground upon which their wishes safely can be carried out.<br \/>\n      That, at any rate, is the theory of our Constitution. We should<br \/>\n      be eternally vigilant against attempts to check the expression of<br \/>\n      opinions that we loathe and believe to be fraught with death,<br \/>\n      unless they so imminently threaten immediate interference with<\/p>\n<p><span class=\"hidden_text\" id=\"span_11\">COCR 2\/2009                          13<\/span><\/p>\n<p>     the lawful and pressing purposes of the law that an immediate<br \/>\n     check is required to save the country.&#8221;\n<\/p><\/blockquote>\n<p id=\"p_16\">Lord Denning, M.R. in <a href=\"\/doc\/610252\/\" id=\"a_8\">R. v. Metropolitan Police Commissioner, Ex<\/a><\/p>\n<p>parte Blackburn [(1968)2 All E.R. 319] held as follows:<\/p>\n<p id=\"p_17\">            &#8220;Let me      say at once that we will never use this<br \/>\n     jurisdiction as a means to uphold our own dignity. That must<br \/>\n     rest on surer foundations. Nor will we use it to suppress those<br \/>\n     who speak against us. We do not fear criticism, nor do we<br \/>\n     resent it. For there is something far more important at stake. It<br \/>\n     is no less than freedom of speech itself.\n<\/p>\n<p id=\"p_18\">            It is the right of every man, in Parliament or out of it, in<br \/>\n     the Press or over the broadcast, to make fair comment, even<br \/>\n     outspoken comment, on matters of public interest. Those who<br \/>\n     comment can deal faithfully with all that is done in a court of<br \/>\n     justice. They can say that we are mistaken, and our decisions<br \/>\n     erroneous, whether they are subject to appeal or not. All we<br \/>\n     would ask is that those who criticize us will remember that,<br \/>\n     from the nature of our office, we cannot reply to their<br \/>\n     criticisms. We cannot enter into public controversy. Still less<br \/>\n     into political controversy. We must rely on our conduct itself to<br \/>\n     be its own vindication.&#8221;\n<\/p>\n<p id=\"p_19\">Krishna Iyer, J. in In re S. Mulgaokar [(1978)3 SCC 339] observed as<\/p>\n<p>follows:\n<\/p>\n<blockquote id=\"blockquote_10\"><p>            &#8220;The representative thinking on the subject is neatly<br \/>\n      summed up by John R.Brown, Chief Judge:\n<\/p><\/blockquote>\n<p>            &#8216;Thus does Alexander again confront the Gordian Knot.<\/p>\n<p id=\"p_20\">\n<p id=\"p_21\">      For our history demands that breaches of the unqualified<br \/>\n      commands of the First Amendment cannot be tolerated and<br \/>\n      freedom of the press must be given the broadest scope that a<br \/>\n      liberty-living people can allow&#8230;.. . On the other hand, our<\/p>\n<p><span class=\"hidden_text\" id=\"span_12\">COCR 2\/2009                            14<\/span><\/p>\n<p>      fundamental concepts of absolute fairness in trials dictate that<br \/>\n      the environment within which justice is administered must be<br \/>\n      maintained unpolluted by the potential infamous notoriety and<br \/>\n      biased predilections which a completely unfettered but<br \/>\n      omnipresent press can irrevocably engender in an age of the<br \/>\n      mass media &#8230;. . &#8216; &#8221; (Emphasis supplied)<\/p>\n<p id=\"p_22\">      13.   We may also fruitfully refer to the words of          Justice Felix<\/p>\n<p>Frankfurter in Bridges v. California [314 US 252 (1941)], which forcefully<\/p>\n<p>advocate for the preservation of contempt power even in the face of right to<\/p>\n<p>free speech.\n<\/p>\n<blockquote id=\"blockquote_11\"><p>             &#8220;To say that the framers of the Constitution sanctified<br \/>\n      veiled violence through coercive speech, directed against those<br \/>\n      charged with adjudication, is not merely to make violence an<br \/>\n      ingredient of justice; it mocks the very ideal of justice by<br \/>\n      respecting its forms, while stultifying its         uncontaminated<br \/>\n      exercise.&#8221;<\/p><\/blockquote>\n<p id=\"p_23\">\n<p id=\"p_24\">      14. Keeping in mind the above principles laid down by great Judges,<\/p>\n<p>now, we will examine the rival contentions urged before us. Here, it is<\/p>\n<p>relevant to refer to the definition of criminal contempt contained in <a href=\"\/doc\/231480\/\" id=\"a_9\">Section<\/p>\n<p>2(c)<\/a> of the Contempt of Courts Act, 1971, It reads as follows:<\/p>\n<blockquote id=\"blockquote_12\"><p>             &#8220;(c) &#8216;criminal contempt&#8217; means the publication (whether<br \/>\n      by words, spoken or written, or by signs, or by visible<br \/>\n      representations, or otherwise) of any matter or the doing of any<br \/>\n      other act whatsoever which&#8211;\n<\/p><\/blockquote>\n<blockquote id=\"blockquote_13\"><p>             (i) scandalises or tends to scandalise, or lowers or tends<br \/>\n      to lower the authority of, any Court; or<\/p>\n<\/blockquote>\n<blockquote id=\"blockquote_14\"><p>             (ii) prejudices, or interferes or tends to interfere with, the<\/p>\n<p><span class=\"hidden_text\" id=\"span_13\">COCR 2\/2009                             15<\/span><\/p>\n<p>       due course of any judicial proceeding; or<\/p>\n<\/blockquote>\n<blockquote id=\"blockquote_15\"><p>              (iii) interferes or tends to interfere with, or obstructs or<br \/>\n       tends to obstruct, the administration of justice in any other<br \/>\n       manner.&#8221;\n<\/p><\/blockquote>\n<p id=\"p_25\">The learned senior counsel who appeared for respondents 1 to 3 canvassed<\/p>\n<p>for a liberal view in evaluating the contents of the editorial for arriving at a<\/p>\n<p>conclusion whether the publication of it would amount to contempt of court.<\/p>\n<p>The decision in <a href=\"\/doc\/890137\/\" id=\"a_10\">Andre Paul Terence Ambard v. The Attorney-General<\/p>\n<p>of Trinidad and Tobago<\/a> [(1936)1 All E.R. 704] was cited to canvass the<\/p>\n<p>proposition that      for committal for contempt of court, there must be<\/p>\n<p>evidence in the article itself taken as a whole, that the publisher has acted<\/p>\n<p>with untruth or malice or that he imputed improper motives to those taking<\/p>\n<p>part in the administration of justice. The decision in Vine Products, Ltd. v.<\/p>\n<p>Mackenzie &amp; Co., Ltd. [(1965)3 All E.R. 58] was relied on to canvass<\/p>\n<p>the position that a discussion of the rights of a party&#8217;s case in an action was<\/p>\n<p>not automatically a contempt of court, but the test was whether in the<\/p>\n<p>circumstances there was a real risk that the fair trial of the action was likely<\/p>\n<p>to be prejudiced.      The learned senior counsel for respondents 1 to 3<\/p>\n<p>submitted that in fact, the editorial          was published after the Bail<\/p>\n<p>Applications were heard and reserved for orders.           So, the chances of<\/p>\n<p><span class=\"hidden_text\" id=\"span_14\">COCR 2\/2009                            16<\/span><\/p>\n<p>interfering with the fair trial of the case were remote in this case. Special<\/p>\n<p>reference was made to the judgment of Lord Atkin rendered on behalf of<\/p>\n<p>the Privy Council in Andre Paul Terence Ambard (supra) and it was<\/p>\n<p>contended that the publication of the Article had no effect on a matter heard<\/p>\n<p>and reserved by the learned Judge.The learned senior counsel also submitted<\/p>\n<p>that there was a factual mistake in the editorial. Justice Hema had not<\/p>\n<p>worked as junior counsel in the advocate&#8217;s office of the former Judge of the<\/p>\n<p>Supreme Court of India, while he was practising at Kottayam. The factual<\/p>\n<p>mistake on the above point contained in the editorial was corrected by the<\/p>\n<p>newspaper next day itself by publishing an erratum statement.<\/p>\n<p id=\"p_26\">      15. The learned senior counsel Mr.T.Krishnanunni, who appeared to<\/p>\n<p>assist the Court, canvassed for taking a strict view on the conduct of the<\/p>\n<p>respondents. According to him, the article was published to influence the<\/p>\n<p>decision of the learned Judge in the Bail Applications and therefore, it was a<\/p>\n<p>contumacious interference with the administration of justice. The decisions<\/p>\n<p>of this Court relied on by him were those which took a very strict view<\/p>\n<p>concerning criminal contempt. The decision in <a href=\"\/doc\/1292446\/\" id=\"a_11\">Haridas Das v. Usha Rani<\/a><\/p>\n<p>(supra) cited by the learned senior counsel was a decision of the Supreme<\/p>\n<p>Court, wherein the contumacious references in the pleadings filed before the<\/p>\n<p><span class=\"hidden_text\" id=\"span_15\">COCR 2\/2009                           17<\/span><\/p>\n<p>Apex Court against the Chief Justice of India were taken as gross acts of<\/p>\n<p>contempt and punishment was imposed accordingly.\n<\/p>\n<p id=\"p_27\">       16. We notice that there is a growing tendency among the media to<\/p>\n<p>make comments on the merits of the cause pending before the courts, while<\/p>\n<p>reporting on pending proceedings. Talk shows are held even on the merits<\/p>\n<p>of interim orders passed by the courts. Conflicting views, even on interim<\/p>\n<p>orders, are broadcast and the anchor, in some cases, finally pronounce the<\/p>\n<p>verdict also.        Such trial by media is sure to prejudice either the<\/p>\n<p>prosecution\/plaintiff\/petitioner or the accused\/defendant\/respondent. Such<\/p>\n<p>programmes of the        media have the effect of interfering with the<\/p>\n<p>administration of justice and therefore, will amount to criminal contempt.<\/p>\n<p>The theory of our system of justice is that &#8220;the conclusions to be reached in<\/p>\n<p>a case will be induced only by evidence and argument in open court, and not<\/p>\n<p>by outside influence, whether of private talk or public print&#8221;.         Such<\/p>\n<p>programmes make a mockery of this theory against outside influence. &#8220;The<\/p>\n<p>right to sue and defend in courts is the alternative of force in an organised<\/p>\n<p>society.  It is the right conservative of all other rights and lies at the<\/p>\n<p>foundation of orderly Government&#8221;. But, the said cardinal right is being<\/p>\n<p>infringed by such talk shows.     To keep the viewers remain glued to their<\/p>\n<p>programme in the evening, the channels broadcast such talk shows. But, in<\/p>\n<p><span class=\"hidden_text\" id=\"span_16\">COCR 2\/2009                            18<\/span><\/p>\n<p>that process, unknowingly, the system of administration of justice of our<\/p>\n<p>State is being weakened and distorted.        Interference even with police<\/p>\n<p>investigation will amount to interference with the due course of justice.<\/p>\n<p>Influencing the investigating officer will also amount to contempt of court.<\/p>\n<p>In this context, we feel it is apposite to quote the words of McCardie, J in<\/p>\n<p>Fisher v. Oldham Cpn. [(1930)2 KB 364]. In the said decision, the learned<\/p>\n<p>Judge said:\n<\/p>\n<blockquote id=\"blockquote_16\"><p>            &#8220;Suppose that a police officer arrested a man for serious<br \/>\n      felony. Suppose, too, that the watch committee of the borough<br \/>\n      at once passed a resolution directing that the felon should be<br \/>\n      released. Of what value would such a resolution be? Not only<br \/>\n      would it be the plain duty of the police officer to disregard the<br \/>\n      resolution, but it would also be the duty of the chief constable<br \/>\n      to consider whether an information should not at once be laid<br \/>\n      against the members of the watch committee for a conspiracy<br \/>\n      to obstruct the course of criminal justice&#8221;.\n<\/p><\/blockquote>\n<p id=\"p_28\">Watch committee at the borough council level is the controlling-cum-<\/p>\n<p>disciplinary authority of the police. The above statement of the learned<\/p>\n<p>Judge has been approved by the Privy Council in A.-G. for New South<\/p>\n<p>Wales v. Perpetual Trustee Co. Ltd. [(1955) AC 457]. The comments<\/p>\n<p>made by the Press in certain cases pending investigation and trial will,<\/p>\n<p>definitely, amount to commission of criminal contempt in the technical<\/p>\n<p>sense, as per the law of contempt enforced in India.\n<\/p>\n<p id=\"p_29\"><span class=\"hidden_text\" id=\"span_17\">COCR 2\/2009                           19<\/span><\/p>\n<p id=\"p_30\">      17. Now, coming to the facts of the case, we are definitely of the<\/p>\n<p>view that the editorial had the tendency to bring pressure on the learned<\/p>\n<p>Judge, who was hearing the Bail Applications, to decide the petitions in<\/p>\n<p>tune with the opinion of a section of the public. Thus, the editorial has the<\/p>\n<p>tendency to interfere with the due course of justice. A reading of the<\/p>\n<p>editorial as a whole is sure to convey such an impression, though the<\/p>\n<p>respondents 1 to 3 would contend otherwise. Though, in this particular<\/p>\n<p>case, the comments in the editorial will have the tendency to interfere with<\/p>\n<p>the due course of justice, we do not think that the newspaper or the persons<\/p>\n<p>running it, have the intention to scandalize this Court and thereby impair its<\/p>\n<p>efficacy in administering impartial justice. So, we accept the unconditional<\/p>\n<p>apology tendered by the respondents and we feel that further proceedings in<\/p>\n<p>the matter should be dropped.\n<\/p>\n<p id=\"p_31\">      18. In this context, we will advert to the argument of the learned<\/p>\n<p>senior counsel Sri.T.Krishnanunni, made with reference to Rule 14 of the<\/p>\n<p>Rules. According to the learned senior counsel, since the respondents did<\/p>\n<p>not admit the guilt and tender unconditional apology, this Court has no<\/p>\n<p>other option, but to proceed to frame the charge and hold the trial of the<\/p>\n<p>respondents. The said Rule reads as follows:\n<\/p>\n<p id=\"p_32\"><span class=\"hidden_text\" id=\"span_18\">COCR 2\/2009                              20<\/span><\/p>\n<blockquote id=\"blockquote_17\"><p>      &#8220;14. Hearing of the case and trial:&#8211; Upon consideration of the<br \/>\n      reply filed by the respondent and after hearing the parties,<\/p>\n<\/blockquote>\n<blockquote id=\"blockquote_18\"><p>             (a) if the respondent has tendered an unconditional<br \/>\n      apology after admitting that he has committed the contempt, the<br \/>\n      Court may proceed to pass such orders as it deems fit;\n<\/p><\/blockquote>\n<blockquote id=\"blockquote_19\"><p>             (b) if the respondent does not admit that he has<br \/>\n      committed contempt, the Court may&#8211;\n<\/p><\/blockquote>\n<blockquote id=\"blockquote_20\"><p>                  (i) proceed to frame the charge (subject to<br \/>\n           modification or addition by the Court at any time), if<br \/>\n           it is satisfied that there is a prima facie case; or<\/p>\n<\/blockquote>\n<blockquote id=\"blockquote_21\"><p>                  (ii) drop the proceedings and discharge the<br \/>\n           respondent, if it is satisfied that there is no prima facie<br \/>\n           case, or that it is not expedient to proceed.<\/p><\/blockquote>\n<blockquote id=\"blockquote_22\"><p>             (c) the respondent shall be furnished with a copy of the<br \/>\n      charge framed, which shall be read over and explained to the<br \/>\n      respondent. The court shall then record his plea, if any;\n<\/p><\/blockquote>\n<blockquote id=\"blockquote_23\"><p>             (d) if the respondent pleads guilty, the Court may adjudge<br \/>\n      him guilty and proceed to pass such sentence as it deems fit;\n<\/p><\/blockquote>\n<blockquote id=\"blockquote_24\"><p>             (e) if the respondent pleads not guilty, the case may be<br \/>\n      taken up for trial on the same day or posted to any subsequent<br \/>\n      date as directed by the Court.&#8221; (Emphasis supplied)<\/p>\n<p>Going by Rule 14(a), if the contemnor admits committing contempt and<\/p>\n<p>tenders unconditional apology, the court may proceed to pass appropriate<\/p>\n<p>orders.   In this case, the publication of the editorial is admitted and in the<\/p>\n<p>light of the prima facie view taken by this Court regarding its publication,<\/p>\n<p>the respondents have tendered unconditional apology also.          Though, they<\/p>\n<p><span class=\"hidden_text\" id=\"span_19\">COCR 2\/2009                           21<\/span><\/p>\n<p>have not admitted that they have committed contempt, still, we feel that<\/p>\n<p>their aforementioned conduct concerning the contempt will be covered by<\/p>\n<p>Rule 14(a). Further, even assuming it does not come under Rule 14(a), we<\/p>\n<p>think that it can be dealt with under Rule 14(b)(ii). The last part of clause<\/p>\n<\/blockquote>\n<blockquote id=\"blockquote_25\"><p>(ii) of sub-rule (b) of Rule 14 empowers the court to drop further<\/p>\n<p>proceedings, if it is satisfied that it is not expedient to proceed with the<\/p>\n<p>matter. Having regard to the facts of the case and the stand taken in the<\/p>\n<p>affidavits of the respondents, we feel that it is not expedient or necessary to<\/p>\n<p>proceed further with the contempt case.\n<\/p><\/blockquote>\n<blockquote id=\"blockquote_26\"><p>      In the result, the contempt case is closed.\n<\/p><\/blockquote>\n<blockquote id=\"blockquote_27\"><p>                                 K.BALAKRISHNAN NAIR, JUDGE.\n<\/p><\/blockquote>\n<blockquote id=\"blockquote_28\"><p>                                 M.L.JOSEPH FRANCIS, JUDGE.\n<\/p><\/blockquote>\n<p id=\"p_33\">nm\/<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Kerala High Court Suo Motu vs Sri.M.S.Ravi on 25 March, 2009 IN THE HIGH COURT OF KERALA AT ERNAKULAM Cont.Cas.(Crl.).No. 2 of 2009(S) 1. SUO MOTU &#8230; Petitioner Vs 1. SRI.M.S.RAVI, THE PRINTER AND PUBLISHER &#8230; Respondent 2. SRI.M.S.MANI, EDITOR-IN-CHIEF, 3. SRI.DEEPU RAVI, MANAGING EDITOR, 4. SRI.M.S.MADHUSOODANAN, For Petitioner :SUO MOTU For Respondent :SRI.P.A.AHAMMED The [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,21],"tags":[],"class_list":["post-260830","post","type-post","status-publish","format-standard","hentry","category-high-court","category-kerala-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.6 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Suo Motu vs Sri.M.S.Ravi on 25 March, 2009 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/suo-motu-vs-sri-m-s-ravi-on-25-march-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Suo Motu vs Sri.M.S.Ravi on 25 March, 2009 - Free Judgements of Supreme Court &amp; 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