Documentation On Contempt Issue

IN Law and Policy | 07/09/2002
an exhortation "get ready for the party" This indicates that the original caption was intended to convey that the article in q

an exhortation "get ready for the party" This indicates that the original caption was intended to convey that the article in questionis a judgment on our integrity. This is amply proved from the fact that the Hon¿ble judges have been individually graded on personal integrity, depth in law and quality of judgment delivered. In face of all this, it is not possible to believe that the apologies have been tindered in good faith.proper analysis and understanding of the contents and tenor of the article in question is enough to prove this. No proof or any precedential authority is needed to justify this conclusion of mine.

On the point of genuineness also, the apologies do not impress me.

Mere parrot like repetition of regrets in almost identically worded affidavits does not convince me that the respondents are really remorseful or repentant. Even on the last date of hearing there was an attempt to justify the offending publication with reference to some material. We would like to examine it and face it. When there is an attempt to justify the contents of the offending article even aftir filing affidavits of apology such apologies can be said to be anything but genuine.i am, therefore, inclined to agree with the learned counsel for the petitioners and learned Attorney General that it is only a ploy to escape the punishment. Accordingly, I hold that the apologies tendered by the respondents-contemners are neither genuine nor made in good faith. Therefore, I am not inclined to accept the same. I order accordingly.

We unanimously hold that prima facie contempt has been committed by the respondents However, so far as accptance of apologies is concerned, in view of the concousions of the majority, the directions contained in paragraph NO. 26are to be carried out.

CHIEF JUSTICE.
ARUN KUMAR, J.
ANIL DEV SINGH, J.
D.K. JAIN, J.
May 28, 2001