S BALAKRISHNAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN both the petitions, the facts involved are common and issues are also common though the petitioners are different. Hence, both the petitions were heard together and being disposed of by this common Judgment.

(2.) IT appears that "times of India" an english Newspaper had carried a news item on 12-11-2003 whereby the petitioner in criminal Writ Petition No. 1776 of 2003 had reported a news item which was published in the said Newspaper wherein it was mentioned that the multi-crore stamp scam had acquired a new dimension with the police alleging that the prime accused Abdul Karim telgi had links with Dawood Ibrahim, the pakistan based don. The said report indicated that the police were aware that dawood Ibrahim was also involved in Telgi racket. '

(3.) THE learned Special Judge of the maharashtra Control of Organised Crime Act 1999, (hereinafter referred to as MCOCA) in city Civil and Sessions Court, after perusal of the aforesaid news report, suo motu directed the notice to be issued to the said reporter and also to the Editor being the petitioner in criminal Writ Petition No. 1836 of 2003, and publisher of Times of India to explain and disclose sources of the police referred to in said News item, upon affidavit on or before 19-11-2003. The said reporter was also directed to remain present in Court on 19-11-2003. A copy of the aforesaid order was directed to be sent to the Commissioner of Police. The above order was passed on 12-11-2003. On 19-11-2003 it appears that the petitioner had sought an adjournment on the ground of ill-health. However, the petitioner had appeared before the SIT on 26th November, 2003 and had given a statement in writing with regard to the above. Thereafter, the learned Special Judge by his order dated 27-11-2003 had opined that Mr. Balkrishnan ought to have considered it as his duty to disclose the sources referred to in the aforesaid news report published on 12th November, 2003 and the petitioner was directed to attend the Court on 29-11-2003 and disclose the sources in police as mentioned in the aforesaid report.