Mid-Day journalists behind the bars for contempt of court

Sep 22: On Friday Delhi High Court sentenced four months jail term to two journalists, one publisher and one cartoonist of Mid-Day daily for Court found them guilty of contempt of court on September 11 and had fixed the date for announcement of quantum of the punishment till September 21.

In May 19 th edition of Mid-Day daily, a report appeared which said that Justice YK Sabharwal, in the capacity of CJI passed judgements on the sealing of commercial property in the residential areas which benefited his sons who are partners in Mall developers.

The court started the proceedings suo moto

Court held that an accusation against the former CJI amounts to the contempt of court as it tears the image of judiciary as a whole.

As counsel of the journalists, former law minister, MR. Shanti Bhushan rejected the offer for argument on the quantum of the punishment and maintained that journalists presented the truth and truth is and explicit defence under the contempt of Courts Act”.

This is to be known that after the amendment was effected to the Contempt of Court Act 1971 in 2006 truth is recognized as a valid defence in any case of contempt of Court.

A bench comprising Justice Sodhi and Justice B N Chaturvadi said, “As they neither seek an apology nor do they opt to argue and reiterate their stand which has tarnished the image of the highest court, a four month imprisonment would serve the ends of justice”.

The Bench said that the publications actually attacked the very institution which is nothing short of contempt. The bench also rejected the argument that after retirement the judge ceased to be a part of the judicial system and writing against him does not tantamount to the contempt of court and held that the nature of the disclosures though quoting the former CJI hurts the image of the Highest Court of the land.

All four of the convicted Vitusha Oberoi, MK Tayal, S K Akhtar and Irfan Khan have been released on bail on a personal bond of Rs.10,000.

Journalists demonstrated in the premises of the court protesting the proceeding against them. The Editor’s Guild of India is scheduled to meet next month to discuss the issue of the amendment of the contempt of court law.

Several papers have come in the defence of the journalists and held the proceedings by the court as ‘contempt for pen’ and ‘contempt for democracy’.