Mid-Day case: sentence stayed

Mid-Day case: sentence stayed Saturday, Sep 29, 2007 Front Page New Delhi: The Supreme Court on Friday stayed the four-month imprisonment slapped by the Delhi High Court on the Editor and three others of Mid-Day for publishing articles allegedly defaming the former Chief Justice of India Y.K. Sabharwal. A Bench, comprising Justices Arijit Pasayat and P. Sathasivam, admitted two appeals by the alleged contemnors challenging the High Court judgment. On the directions of the Supreme Court, the High Court already granted them bail. On September 11, the High Court held Vitusha Oberoi, Editor; M.K. Tayal, City Editor; S.K. Akhtar, Printer and Publisher; and Md. Irfan Khan, cartoonist guilty of contempt. On September 21, it awarded them four-month imprisonment. When the matter was taken up on Friday, senior counsel Shanthi Bhushan, appearing for the contemnors, told the Bench that statutory appeals had been filed against the High Court order. When senior counsel Anil Divan said 27 eminent citizens had filed an application to implead themselves, the Bench said: “The issue here is whether the journalists had committed contempt or not. Where is the need for assistance of intellectuals? Being statutory appeals; we admit them.” In its brief order, the Bench said the sentence imposed by the High Court should not be executed until further orders. Also, the impleadment application was dismissed. As the High Court passed the order in suo motu contempt, the Bench appointed senior counsel T.R. Andhyarujina amicus curiae, and directed that the appeals be listed for hearing on January 16, 2008.