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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