SUDHIR AGARWAL,J. - (1.) THESE proceedings commenced on publication of a news item in daily newspaper "Dainik Jagran" in its issue dated 4th April 2006 under the caption "Mandir Aur Masjid Faisle Ke Liye Afsar Parh Rahe Hain Kitaben" . This Court took cognigence of the matter when it was brought to its notice at the Bar and passed following order on 19.4.2006: "The Bar has brought to our notice a news item published in "Dainik Jagran" (Lucknow Edition), on 4.4.2006, wherein some misleading news has been published. It is stated by the learned counsel that this Court has directed the Union of India to provide copies of the books cited by the learned counsel for the parties or copies of those books, list of which were furnished by the learned counsel for the parties. But in the aforesaid news item an impression is given to show that this Court has asked Sri A.K. Singh, an officer of the Home Department of the State Government to collect evidence in respect of the disputed structure and after reading those books, give his opinion to the Court, which is absolutely baseless since this Court has never invited any comments or opinion from any authority or officer or person in respect of the disputed site as evidence is still in the process of being recorded. It also appears from the aforesaid news item that some misleading observations have been made regarding the existence of temple and non-existence of mosque. These observations prima facie appear to be contemptuous as the matter is still sub-judice before this Court. Sri A.K. Singh, who is present in Court submits that the correspondent of the said news item never contacted him nor he had talked to him on telephone as has been alleged in the aforesaid news item. This is a serious matter and amounts to interference in the administration of justice. We are, therefore, constrained to call upon the Editor-in-Chief of "Dainik Jagran" as well as its publisher to show cause as to why contempt proceedings be not drawn against them. Issue notice accordingly. Reply to the show cause may be filed within ten days from the date of receipt of notice. Put up on 16th May, 2006 on which date the Editor-in-Chief as well as the Publisher of "Dainik Jagran" shall appear in person." (emphasis added)
(2.) PURSUANT to the said notice, Sri Vinod Shukla, respondent no.4, and Sri Sanjay Gupta, Editor of Daily Newspaper "Dainik Jagran" appeared on 17th May 2006. They filed reply to show cause notice. They stated that the news item was provided by Sri Piyush Sharma, Telex Division, Bhasha (PTI), P.T.I., Building-4, Parliament Building, New Delhi. They said that the Press Trust of India and its Hindi Service 'Bhasha' are responsible for the news item in question. These two persons however tendered apology and expressed their regret for publication of the said news item. The averments contained in paras 8, 9 and 10 of reply of Sri Vinod Shukla are as under: "8. That on behalf of Dainik Jagran, the Publisher and Editor-in-Chief are placing unconditional apology on the ground that there was no intention on their part to publish false article and the article was published in good faith, pursuing it to be true transmission by "Bhasha" (PTI). 9. That 'Dainik Jagran' undertake to be more vigilant in future and to select the agencies article more cautiously and carefully. 10.That in view of the unconditional apology, the show cause notice is liable to be withdrawn." (emphasis added) Sri Sanjay Gupta has also given identical reply in paras 8 to 10, hence skipped. Sri Vinod Shukla unfortunately died on 18.05.2009, hence, by order dated 6.8.2009 proceedings against him were dropped.
(3.) BY order dated 17.5.2006 this Court issued notice to Sri Vijay Kumar Arya, Correspondent, Bhasha and Sri Piyush Sharma. Sri Vijay Kumar Arya put in appearance through Sri R.C. Pandey, Advocate and filed reply dated 20.6.2006. In paras 5 to 8 of reply he stated as under: "5. That with due respect the deponent submits that the news item published in daily news paper "Dainik Jagran" on 4.4.2006 has been prepared by him as per information given by Sri A.K. Singh, who is working as Special Officer, in "Sampradayikta Prakosth" under the Home Department of State Government. 6. That, it is also relevant to mention here that on 3.4.2006 the deponent contacted to Sri A.K. Singh on his Mobile No. 9415910105 between 12 o'clock to 1.00 p.m., and he got the information regarding the progress of case pending before this Hon'ble Court of Ayodhya Matter. 7. That with due respect, it is submitted that the news item published in daily News paper "Dainik Jagran" on 4.4.2006 has been prepared by the deponent as per information given by Sri A.K. Singh, Special Officer of Sampradaikta Prakosth, Home Department, of State Government of U.P. It is also stated that the deponent being correspondent of Bhasha (P.T.I.) written and prepare the news item without interfering in the administration of justice as per statement of Sri A.K. Singh. 8.That the deponent further submits that he prepared and written news item in question as per his little knowledge and in case by the same news items some controversy and any contempt of Court has been caused by him, for which the deponent tenders his unconditional and unqualified apology with due folded hand." (emphasis added);