- (1.) This Contempt Petition is filed by the State of Kerala complaining that the dignity and authority of the Apex Court are undermined by the respondents by publishing a three column news on the front page of the newspaper "The Kerala Kaumudi" on May 5, 1999. In the said column the alleged contemnor imputed scandalous, malicious, vilificatory, defamatory and libellous criticism against Shri K.N. Bhat, a Senior Advocate of the Supreme Court, Shri M.K. Damodaran, Advocate General of Kerala State and Shri G. Prakash, standing counsel for the State of Kerala, in the manner of conduct of C.A. No. 1466 of 2000 in this Court.
(2.) This Court issued notice on the Contempt Petition on August 9, 1999. The respondents having entered appearance raised a preliminary objection that the Contempt Petition is not maintainable, inasmuch as consent of the learned Attorney General/ Solicitor General under Section 15 of the Contempt of Courts Act, was not obtained before filing the contempt petition. The learned counsel for the petitioner has brought to our notice that the consent contemplated by sub-section (1) of Section 15 of the Act has been obtained on May 11, 2000 and submitted that the petition would, therefore, be maintainable.
(3.) In view of the above contention, it may be useful to read the relevant provisions of Section 15 of the Contempt of Courts Act 1971. "15. Cognizance of criminal contempt in other cases.- (1) In the case of a criminal contempt, other than a contempt referred to in Section 14, the Supreme Court or the High Court may take action on its own motion or on a motion made by- (a) the Advocate-General, or (b) any other person with the consent in writing of the Advocate or ********** ********** (3)Every motion or reference made under the Section shall specify the contempt of which the person charged is alleged to be guilty- Explanation :- In this section, the expression "Advocate-General" means (a) in relation to the Supreme Court, the Advocate-General or the Solicitor-General; (b) in relation to the High Court, the Advocate-General of the State or any of the States for which the High Court has been established; (c) in relation to the Court of a Judicial Commissioner such Law Officer as the Central Government may, by notification in the Official Gazette, specify in this behalf." ;