- (1.) These proceedings for contempt of Court have been initiated by this Court suo motu on the basis of the news item, published in the Times of India dated 18.8.2010 with the caption " AYODHYA, MEMORIES OF A DISPUTED LIFTTIME" to which the attention of the Court was invited by certain members of the Bar.
(2.) Brief facts leading to these proceedings for contempt of Court are that Ram Janma Bhoomi Babri Masjid Title Suit, being O. S. No. 4 of 1989 was pending before this Court for adjudication wherein one Sri Mohd. Hashim Ansari was Plaintiff No. 7. Sri Mohd. Hashim Ansari was interviewed by Ms. Manjari Mishra, Reporter of Times News Network and was photographed by Sri Ajay Singh. The said interview was published in Times of India Edition No. 194 Vol. 28 dated 18.8.2010 by Sri Dhanush Vir Singh without editing. The said news item was selected by Sri Saurabh Banerjee Editor, who was responsible for selection of news under Press and Registration of Books Act, 1867 in the said newspaper. The Reporter of the said news-item was Ms. Manjari Mishra, which was based on an interview given by Md. Hashim Ansari. The interview as printed in the Times of India dated 18.8.2010 is as under: AYODHYA, MEMORIES OF A DISPUTED LIFETIME" Manjari Mishra/TNN: Ayodhya : "Last 60 years seem more like a graveyard full of memories." Hashim Ansari, the original Plaintiff in the Babri Masjid-Ram Janambhoomi Title Suit and convener of Babri Masjid Reconstruction Committee, when angry, is known to turn poetic. Sitting at his home, badgered by a "band of hare-brained mediators rooting for an out of court amicable settlement.", Hashim seethed with rage: "Aren't we all 60 years late for a compromise, " he asked. "All witnesses are dead, litigants are dead, even lawyers have gone to the other world. Only Hashim Ansari lives to see this tamasha, " he complaints. Babri dispute today has no 'mazhabi' (religious) character. It is a pure and simple political battle, a multi-crore cottage industry of Ayodhya for those who have made a fortune peddling the image of a deity behind bars, he continues in the same tone. Why will they close shop so easily, " he asks. The handkerchief size room has space barely for two wooden takhats, Hashim, facing a framed photograph of Babri Masjid, occupied one. "I want the point, but to pray. Pray for sanity to be restored, for communal amity so that everybody lives in peace. This is not asking for much." Memories of the joint journey to courtroom in company of Ramchandra Paramhans Das (the main Defendant, now no more) are still fresh in him mind. " You see there are no Muslim and Hindu issues in Ayodhya, " the old man insists. "Ask me, I know best. A man who has been fighting a court case since 1950....60 long years and till this day no Hindu has every misbehaved with me....... na kisi Hindu ne gaali di, na patthar mara. What proof can be bigger than this?" The Babri case could well be the reason for his longevity. "How can I go before the case is decided? " Hashim asks. Though ailing, he has been regular about his attendance in the courtroom. The last one logged in on January 11, 2010, he proudly declares. Not bad for a man of 90, he chuckles. "However, these are stressful times. Dil Bahot dhadakta rahta hia, " he admits. These eyes have seen so much, what else is to follow, I wonder, Hashim says as he launches into a bitter tirade against politicians. Right from Narsimha Rao, Sonia Gandhi, Mulayam Singh, Azam Khan et al, each one of them has let the Muslims down, " charges he. "I want a proof that India is a secular country a 'Jamhuriyat' (democracy or people's rule)" he says and challenges. "Let the judges prove it now." "What if the verdict goes against him?" His eyes flashing. Hashim's voice goes several decibels higher. " What do you mean? Why are you forcing me to state something which everybody knows anyway? That will be a black day in our history signifying mobocracy has replaced democracy in India. There will of course mayhem, bloodbath and much else. " the excitement proves too exhausting and he is quiet to regain his breath. " I for one don't want to live through all this, though there are several Ors. who would simply love that. Babri dispute could be my passion but to them it is big money, position and power, " he says." During the course of interview, Mohd. Hashim Ansari uttered the following sentence: " I want a proof that India is a secular country a 'jamhuriyat' (democracy or people's rule), "he says and challenges. "Let the judges prove it now." Thereafter, Manjari Mishra put a question to Mohd. Hashim Ansari, which reads as under: "What if the verdict goes against him?" Reply to the aforesaid question is as under: "His eyes flashing. Hashim's voice goes several decibels higher. "What do you mean? Why are you forcing me to state something which everybody knows anyway? That will be a lack day in our history signifying mobocracy has replaced democracy in India. There will of course mayhem, bloodbath and much else. " the excitement proves too exhausting and he is quiet to regain his breath.
(3.) When the Court perused the said news item, the Court was of the opinion that it prima facie gives an unambiguous message to the readers that if the matter is not decided in a particular way, serious unruly consequences would occur and the uttering made by Mohd. Hashim Ansari in his interview was not a sheer wishful thinking of the result of the suit but there was clear indication that if anyhow the result comes otherwise, which is well known to all, the consequences would be very serious and thus it amounts to an implied threat also to the Court to decide the matter in a particular way as pointed out by the interviewer. The Court was further of the opinion that freedom of speech and expression cannot be acceded to publish any article commenting adversely in sub-judice matter and since it has been published in the newspaper without any reservation in violation to all ethical norms, it affects the administration of justice and the Editor, the Reporter, the Photographer and Interviewer all are liable to be proceeded with for the offence of contempt of court. Thus notices were issued to all concerned through Chief Judicial Magistrate, Lucknow and Faizabad.;