- (1.) M. C. Jain, J. There are four contemners in these criminal contempt proceedings detailed below: 1. Padam Kirti C/o Hindustan Times
(2.) SHEKHAR Bhatia, Editor, Hindustan Times Ms. Sunita Aron, President Editor, Hindustan Times; and Rakesh Sharma, Publisher, Hindustan Times 2. The proceedings started on suo motu cognizance taken by a Division Bench of this Court on 14-12- 2005. A news report was published in Hindustan Times on 13-12-2005 (Lucknow Edition ). The relevant portion is quoted below: "bar Squabble Judges Cry off dinner Padam Kirti Lucknow, December 12 The Chief Justice of Allahabad High Court, other Judges and entire judicial fraternity in the State capital was caught in a piquant situation here on Monday evening to go or not to go for a dinner. The reason: The host Bar Association first invited all of them over for a dinner, then at the last moment the Bar leadership, barring its secretary withdrew the invitation on Monday. That was not all; the secretary then once again invited them to come over. This naturally forced the judges to cry off the dinner, where arrangements for over 2,000 guests were made. The HC Lawns here wore a deserted look as hardly anybody turned up for the bash. The cancellation was the fallout of differences between top leadership of HC Bar. Interestingly, even senior High Court lawyers admitted that they had never witnessed or heard of any thing of this sort ever happening. The drama started early on Monday in the High Court. Secretary of the High Court based Avadh Bar Association Vishal Dixit circulated a notice to all the lawyers, their assistants and all the employees of the High Court inviting them to the dinner at 6. 30 p. m. on the High Court lawns. He also made it clear that the High Court bar association in the honour of newly appointed judges had hosted the dinner. The Chief Justice and all other Judges had already given their consent to attend it, he added. In the noon, however, its president Ashok Nigam issued another notice informing that the programme had been postponed by a resolution in an emergency meeting of the bar association executive sans the secretary. The secretary again circulated a notice and made it clear that the function was very much on and the president had been opposing the dinner, as he had not paid his contribution. He appealed to the lawyers and employees to attend the function, as it was their moral duty to greet the judges. The president, however, again made it clear that the bar association had dissociated itself from the function and the dinner" 3. The Division Bench concerned was of the opinion that expression Cry off was prima facie derogatory, tending to undermine the dignity and authority of Court. 4. In consequence of the notices issued, the four contemners put in appearance before this Court.
(3.) WE have heard Sri G. S. Chaturvedi, Senior Advocate assisted by Sri Sumil Gopal for them. All the four contemners have filed their replies through affidavits, tendering unqualified apology. Each of them has submitted that word "cry off" was not used in the sense interpreted by the Hon'ble Court. Each contemner has sworn of all respect for judiciary. With such stand, as we said, each has tendered unqualified apology. We have carefully considered the matter. Needless to say, judiciary is the central pillar in a democratic set up. Certain institutions like judiciary are sacrosanct and Judges manning the system deserve to be treated with due deference. The media has an important role to play, indeed. The news item published under the questioned caption was neither educative nor instructive nor recreative nor informative. "hindustan Times" is a national newspaper of long years standing the personnel who write, screen and edit the news reports to be published in the newspaper have to conduct themselves in a responsible manner. Judges and members of bar belonging to one and the same legal fraternity, do dine together on certain occasions. Holding or cancellation of a dinner of Judges and Lawyers could hardly be a news to be published under the caption, "bar Squabble the Judges Cry off dinner". In any case, it was not worth the standing and reputation of a national newspaper like "hindustan Times". It could be a crude material for secondary media, always salivating for more and more grist to feed the idlers' section of society. The news report with questioned caption does not reflect any sign of good journalism. It goes without saying that shallow and insouciance approach as reflected through coined caption, " Judges Cry of Dinner" is likely to cause incalculable harm to justice delivery system, instead of serving any useful purpose. Instead of serving any useful purpose, too much coining of words or punning may produce great harm.;