- (1.) THE 'background of the case' is that one Sheikh Teju, a Joint Commissioner (Commercial Taxes) posted at Dhanbad, filed a writ petition on 10.3.2003, before this Court, which was registered as WP (S) No. 1303 of 2003. In the said writ petition, the writ petitioner had challenged the Notification dated 27.2.2003, issued by the Government of Jharkhand, whereby the writ petitioner was transferred to the post of Member, Commercial Taxes Tribunal, Jharkhand at Ranchi. He had also made a prayer for interim order of stay of the impugned order of his transfer. The said writ petition was listed for admission before the learned Single Judge (Mr. Justice S.J. Mukhopadhaya) one of us oh 13.3.2003 and it was likely to be taken up on that very day.
(2.) WHEN the said matter was taken up for admission by the learned Single Judge on 13:3.2003, an advocate of this Court. Mr. Dhananjay Kumar Dubey, by producing a news paper, namely, 'Prabhat Khabar' brought to the notice of the learned Single Judge regarding a news item published in the Hindi daily newspaper dated 12th of March, 2003, namely, 'Prabhat Khabar', Ranchi edition, wherein it was reported the Justice S.J. Mukhopadhaya of Jharkhand High Court has ordered/ directed Sheikh Teju, the Joint Commissioner (Commercial Taxes), Dhanbad to continue on his post. It was also reported that on behalf of the writ petitioner, Mr.A. Allam, Advocate had made his arguments. English translated version of the said news item is reproduced hereinbelow : - 'Order to continue on the post, Ranchi. - -Jharkhand High Court had directed Sheikh Teju, the Joint Commissioner of Commercial Taxes, Dhanbad to continue on his post. Justice S.J. Mukhopadhaya has passed the said order. Sheikh Teju has challenged the order of his transfer issued by the Government by filing a writ petition, whereby the petitioner was transferred to Commercial Taxes Appellate Tribunal, Ranchi. On behalf of the petitioner, Advocate A. Allam made his arguments.' The writ petition of Sk. Teju was taken up for admission on 13.3.2003 by Mr. Justice S.J. Mukhopadhaya who after hearing the learned counsel for the writ petitioner dismissed the said writ petition by a reasoned order and after noticing the news item published in the said newspaper, namely, 'Prabhat Khabar', Ranchi, dated 12.3.2003, considered that the publication of the news item in the said newspaper dated 12.3.2003 even before the case was taken up, prima facie amounted interference with the justice system and it amounted to influence the Court and thereby was of the view that it would be just and proper that a Criminal contempt proceeding against the Reporter, Editor and Publisher of the Prabhat Khabar Edition, Ranchi be initiated and thereby directed the matter to be placed before an appropriate Division Bench for further action. Accordingly, the matter was placed before this Bench and by order dated 8.8.2003, notices were issued to the Editor and Publisher of Prabhat Khabar, Ranchi Edition to show cause as to why proceeding for contempt be not initiated against them.
(3.) SUBSEQUENTLY , when it was brought to the notice of this Court that similar news items were also published on that day i.e. on 12.3.2003 in other daily Hindi Newspapers published from Ranchi, namely, 'Hindustan', 'Aaj' and 'Ranchi Express', then by subsequent orders dated 19.9.2003, 6.11.2003 and 9.1.2004, the concerned Editors, Publishers and Reporters of the concerned newspapers, namely, 'Prabhat Khabar', 'Hindustan', 'Ranchi Express' and 'Aaj' were impleaded as opposite parties in this proceeding and they were directed to file their show cause as to why they be not proceeded for committing contempt of this Court.;