Y. K. Sabharwal, J. - (1.) In the murder trial of Shankar Guha Niyogi, a trade union leader, the accused were found guilty and sentenced to imprisonment for life except one who was awarded death sentence. On appeal, the High Court reversed the trial court judgment and acquitted the accused. A news report was published in newspaper Hitavada on 4th July, 1998 under the caption Sail terms High Court decision in Niyogi murder case as rubbish. That report was based on the speech delivered by appellant Rajendra Sail in a rally organized to commemorate the death of Shankar Guha Niyogi and interview given by him soon after the speech to appellant Ravi Pandey, the correspondent of the newspaper.
(2.) The news report termed the decision as rubbish and commented that a Judge who was on verge of retirement should not have been entrusted with the responsibility of dealing with such a crucial case. It was also alleged that the Judges who decided the matter have belittled the respect for judiciary by pronouncing biased and rubbish judgment. The news report also quoted Rajendra Sail as saying that he was a key witness in the murder trial and in spite of engaging a well known advocate as public prosecutor no body could have made much difference when the judges were already prejudiced and that he had substantial evidence to prove that one of the judges who decided the matter was bribed and that the judge possessed properties disproportionate to his income.
(3.) The aforesaid news item led to initiation of contempt action on an application filed by Madhya Pradesh High Court Bar Association with the consent of Advocate General against the Editor, Printer and Publisher, Chief Sub-Editor and Desk In-charge of the newspaper at Bhilai besides Burea Chief of Hitavada at Bhilai.;