Delhi High Court Court On Its Own Motion vs M.K. Tayal

Delhi High Court Court On Its Own Motion vs M.K. Tayal And Ors. on 11 September, 2007 Author: R Sodhi Bench: R Sodhi, B Chaturvedi JUDGMENT R.S. Sodhi, J. 1. On 21.5.2007, a Senior Advocate of this Court, Sh. R.K. Anand, placed before us a copy of the Newspaper "Mid Day" dated 18.5.2007 (Friday) in which he alleged that a scandalous article maligning the former Chief Justice of India and tending to lower the image of the judiciary in the eyes of common man has been published. The Newspaper was placed before us and we, on going through the news item, were prima facie of the view that the publication did tend to lower image of the judiciary in the eyes of public. Consequently, we issued show cause notice to Sh. M.K. Tayal, Editor, Mid Day, Mr. Vitusha Oberoi and Mr. S.K. Akhtar, its Printer and Publisher. 2. On 25.5.2007, Sh. R.K. Anand, learned Senior Advocate filed yet another copy of the Newspaper "Mid Day" dated 19.5.2007 which carried a cartoon by Mr. Md. Irfaan Khan, Cartoonist. The cartoon depicted the former Chief Justice of India in his robes holding a bag with currency flowing out. It also depicted a man sitting on the side walk saying "Help! The mall is in your court" which we thought was also aimed at lowering the image of the judiciary. Consequently, we issued show cause notice to Mr. Md. Irfaan Khan also. 3. Upon notice being served, the contemnors have filed their affidavits in which they have taken up a defense that sons of the former Chief Justice of India have benefited by orders made by the Supreme Court and that they were operating their businesses from the official residence of Justice Y.K. Sabharwal. They claimed that whatever has been stated in the publications is the truth which, according to them fulfilll the ulterior design. This we find most disturbing. There is sufficient case law on the subject and we need hardly add any further material to it. Suffice it to say, the Supreme Court in Haridas Das v. Smt. Usha Rani Banik and Ors. Civil Appeal No. 7948 of 2004, has clearly laid down the 'Laxman rekha' which we feel the publications have crossed. The publications in the garb of scandalizing a retired Chief Justice of India have, in fact, attacked the very institution which, according to us, is nothing short of contempt. We, therefore, hold Mr. M.K. Tayal, Editor Mid Day, Mr. S.K. Akhtar, Publisher, Mrs. Vitusha Oberoi, Resident Editor and Mr. Md. Irfaan Khan, the Cartoonist, guilty of contempt of court. The matter to be listed on September 21, 2007, when the contemnors shall be present to be heard on the question of sentence