R S RAMACHANDRAN Vs. CONTEMPT PROCEEDINGS INITIATED
LAWS(DLH)-1975-8-20
HIGH COURT OF DELHI
Decided on August 11,1975

R.S.RAMACHANDRAN Appellant
VERSUS
CONTEMPT PROCEEDINGS INITIATED BY THE COURT ON ITS OWN MOTION Respondents


Referred Judgements :-

LEGAL REMEMBRANCER V. B. B. DAS GUPTA [REFERRED]
CYAN SINGH VOHRA V. RAM BHEJA LAL MALIK [REFERRED]
N. RAJAGOPALA RAO V. MURTUZA MUJTAHDI [REFERRED]
PERSPECTIVE PUBLICATIONS V. STATE OF MAHARASHTRA [REFERRED]
BRAHMA PRAKASH SHANNA VS. STATE OT UTTAR PRADESH [REFERRED]
BRAHMA PRAKASH SHANNA VS. STATE OT UTTAR PRADESH [REFERRED]
STATE OF MADHYA PRADESH VS. REVASHANKAR [REFERRED]
PERSPECTIVE PUBLICATIONS P LIMITED VS. STATE OF MAHARASHTRA [REFERRED]
E M SANKARAN NAMBOODRIPAD VS. T NARAYANAN NAMBIAR [REFERRED]
C K DAPHTARY VS. O P GUPTA [REFERRED]
DINABANDHU SAHU SANTOSH KUMAR SAHU VS. STATE OF ORISSA [REFERRED]
GOBIND RAM VS. STATE OF MAHARASHTRA [REFERRED]
BENNETT COLEMAN AND COMPANY THE HINDUSTAN TIMES LIMITED INDIAN EXPRESS MADURAI PRIVATE LIMITED G NARASIMHAN VS. UNION OF INDIA [REFERRED]
HIS HOLINESS KESAVANANDA BHARATI SRIPADAGALVARU SHRI RAGHUNATH RAO GANPAT RAO N H NAWAB MOHAMMAD IFTIKHAR ALI KHAN SHETHIA MINING AND MANUFACTURING CORPORATION LIMITED THE ORIENTAL GOAL GO LIMITED VS. STATE OF KERALA:UNION OF INDIA [REFERRED]
BARADAKANTA MISHRA STATE OF ORISSA VS. REGISTRAR OF ORISSA HIGH COURT:SHRI BARADAKANTA MISHRA [REFERRED]
REX VS. B S NAYYAR [REFERRED]
STATE OF UTTAR PRADESH VS. SHYAM SUNDAR LAL JAIN [REFERRED]
RAMA SURAT SINGH VS. SHIV KUMAR PANDEY [REFERRED]
ADVOCATE-GENERAL ANDHRA PRADESH HYDERABAD VS. V RAMANA RAO [REFERRED]
REGISTRAR OF THE ORISSA HIGH COURT VS. BARADAKANTA MISRA [REFERRED]
KAYIATH DAMODARAN VS. INDUCHOODAN [REFERRED]
T NARAYANAN NAMBIAR VS. M SANKARAN NAMBOODIRIPAD [REFERRED]
DEBI PRASAD SHARMA VS. EMPEROR [REFERRED]


JUDGEMENT

S.RANGARAJAN, J. - (1.)The respondent (R. S. Ramachandran). Editor of a Weekly called 'Crusader', not only wrote a letter to the Registrar of this Court on 3rd June 1974 but also published the contents of that letter in two issues of his paper, namely, of the 3rd and 12th August, 1974. A notice to show cause why action should not be taken against the respondent under the Contempt of Courts Act, 1971 (hereinafter called "the Act") in respect of the said letter, dated 3rd June 1974, had been directed to issue by a Division Bench of this Court on 24-7-1974. Rule was not issued in the first instance since the Division Bench could not then make certain whether the impugned letter had in fact been written by the respondent. When he did not deny the letter but admitted it he was heard by the Division Bench which by its order dated 16-5-1975 drew Ins attention to certain specific portions of the letter which prima facieconstituted contempt and thus took cognizance, suo moth, of the alleged criminal contempt.
(2.)In the issue dated 12th August 1974 the respondent had said that the copy of his letter dated 3rd June 1974 had been published in the earlier issue of the paper dated 3-8-1974, that though a number of persons had applauded him for it a contempt notice appeared to have been issued to him by the High Court, he did not know whether that letter dated 3rd June 1974 amounted to contempt of court or not, but whatever it was he did not propose to tender any apology. He also added that instead of action being taken against "the guilty" (against whom he had written), this was what was happening to him; the letter dated 3rd June 1974 was published 'again'.
(3.)The respondent had filed a suit (case No. 963/73) as attorney of M/s General Electronicals Corporation in the court of the Sub Judge 1st Class, Delhi for a mandatory injunction; he had a'lso applied for an injunction pending suit under Order 39 rules 1 and 2 of the Code of Civil Procedure. The learned Subordinate Judge, Shri A. K. Srivastava, allegedly made certain observations against the plaintiff and dismissed the application for injunction against which an appeal (No. 451/73) was preferred; it was heard by Shri B. B. Gupta, Senior Sub-Judge. Pending receipt of The records of the lower court (said to be next door) the hearing of the appeal was adjourned from 11-9-1973 to 24-11-1973. The appeal was dismissed on 7-1-1974


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