Bathina Ramakrishna Reddy v. The State of Madras.

Madras.

MuKIIERJEA J.-This appeal has come up before Mukheriea /. us on special leave granted by this court on May 23,

1950, and it is directed against a judgment of a Divi-sion Bench of the Madras High Court dated April 1(}, 1950, by which the learned Judges found the appellant guilty of contempt of court and sentenced him to serve simple imprisonment .for three months.

The appellant is the publisher and managing editor of a Telugu Weekly known as "Praja. Rajyam" which is edited and published at Nellore in the State of Madras. In the issue of the said paper dated 10th February, 1949, an article appeared under the caption "Is the Sub-Magistrate, Kovvur, corrupt?" The pur-port of the article was that Surya Narayan Murthi, the stationary Sub-Magistrate of Kovvur, was known to the people of the locality to be a bribe taker and to be in the habit of harassing litigants in various ways. He was said to have a broker, through whom negotia-tions in connection with these corrupt practices were carried on. Several specific instances were cited of cases tried by that officer, where it was rumoured that he had either taken bribes or had put the parties to undue harassment, because they were obdurate enough to refuse the demands of his broker. The article, which is a short one, concludes with the foHowing paragraph:-

"There are party factions in many villages in Kovvur Taluk. Taking advantage of those parties many wealthy persons make attempt to get the opposite party punished either by giving bribes or ma:king recommendations. To appoint Magistrates who run after parties for a Taluk like this .... is to betray the public. It is tantamount to failure of justice. Will the Collector enquire into the matter and allay the public of their fears?"

The attention of the State Government being drawn 1952 to this article, an application was filed by the Advocate.

General of Madras before the High Court on November Bathina Rama-krishna Reddy 14, 1949, under section 2 of the Omtempt of Courts v. Act (Act XII of 1926) praying that suitable action The State af might be taken against the appellant as well as three Madras. other person~ of whom two were respectively the editor and sub-editor of the paper, while the third was the Mukherjea owner of the Press where the paper was printed.

On receiving notice, the appellant appeared before the High Court and filed an affidavit taking sole res-ponsibility for the article objected to and asserting that the article was published be~ause of his anxiety to uphold the highest traditions of the judiciary in the land and to create popular .confidence in courts, the duty of which was to dispense justice without fear or favour and without any discri-mination of caste, creed or community. It was said that before the article was published, numerous com-plaints had reached him from various quarters imput-ing corruption and disreputable conduct to this Magis-trate and the only desire of the appellant was to draw the attention of the higher authorities to the state of public opinion in the matter and to invite an enquiry into the truth or otherwise of the allegations which were not asserted as facts but were based only on hearsay.

The High Court after hearing the parties came to the conclusion that the publication in question did amount to contempt of court, as it was calculated to lower the prestige and dignity of courts and bring into disrepute the administration of justice. As the appellant was not prepare8 to substantiate the allegations which he made and which he admitted to be based on hearsay and did not think it proper even to express any regret for what he had done, the court sentenced him :to simple im-prisonment for three months.

The other three respondents, through their counsel, tendered unqualified apology to the courr and the learn-ed Judges considered that no further action against them was necessary.

1952 ! . ' .

The propriety of the decision of the High Coun. so Bathina Ram~­ far as it relates to the appellant has been challenged krishna Reddy before us in this appeal and Mr. Sinha, who appeared

v. in support of the same, raised before us a two.fold The Staie of contention; his first and main contention is that as the.

Madras. contempt in this case was said to have been comml.tted Muk herjea /. in respect of a court subordinate to the High Court and

the allegations made in the article in question consti-tute an offence under section 499 of the Indian Penal .,... Code, the jurisdiction of the High Court to take cognizance of such a case is expressly barred under section 2(3) of the Contempt of Courts Act. The other contention advanced by the learned counsel relates to· the merits of the case and it is urged that in publish-ing the article objected to, the appellant acted in per-fect good faith, and as the article amounted to nothing else but a demand for enquiry into the conduct of a particular person who was believed to be guilty of corrupt practices in the discharge of his judicial duties,. there was no contempt of court either intended or committed by the appellant.

So far as the first point is concerned, the determina-tion of the question raised by the appellant would depend upon the proper interpretation to be put upon section 2(3) of the Contempt of Courts Act which runs as follows :-

"No High Court shall take cognizance of a con-tempt alleged to have been committed in respect of a court subordinate to it where s_uch contempt is an offence punishable under the Indian Penal Code."

According .to Mr .. Sinha, what the sub-section ·means is that if the act by which a , party is alleged to have committep contempt of a subordinate court constitutes offence of any description whatsoever punisbable under the Indian Penal Code, the High Court is precluded from taking cognizance of it. It is said that in the present case the allegations made in t~e article in ques-tion amount to an offence of defamation as defined by section 499 of the Indian Pelial Code . and consequently the jurisdiction of the High Court is barred. Reliance is placed in support of this proposition upon the deci-19.52 sion of the Nagpur High Court in Kz'san Krifhna Ji v.

Paul(1). Batlzioa Ram11-Nagpur Conference of Society of St. Vincent de krishna Reddy This contention, though somewhat plausible at first v. sight, does not appear to us to be sound. In our The State of opinion, the sub-section referred to above excludes the Madras. jurisdiction of High Court only in cases; where the acts alleged to constitute contempt of a subordinate court are punishable as contempt under specific pro-visions of the Indian Penal Code but not where these acts merely amount to offences of other description for which punishment has been provided for in the Indian Penal Code. This would be clear from the language of the sub-section which uses the words "where such contempt is an offence" and does not say "where the act alleged to constitute such contempt is an offence".

It is argued that if such was the intention of the Legis-lature, it could have expressly said that the High Court's jurisdiction will be ousted only when the con-tempt is punishable as such under the Indian Penal Code. J t seems to us that the reason for not using such language in the sub-section may be that the ex-pression "contempt of court" has not been used as des-cription of any offence in the Indian Penal Code, though certain acts, which would be punishable as contempt of court in England, are made offences under it.

It may be pointed out in this connection that although the powers of the High Courts in India esta· blished under the Letters Patent to exercise jurisdic-tion as Superior Courts of Record in punishing con-tempt of their authority or processes have never been doubted, it was a controversial point prior to the passing of the Contempt of Courts Act, 1926, as to whether the High Court could, like the Court of King's Bench in England, punish contempt of courts sub-ordinate to it in exercise of its inherent jurisdiction.

The doubt has been removed by Act XII of 1926 which expressly declares the right of the High Court to protect subordinate courtq against contempt, but

(l) (1943) A.LR. 1943 Nag. 334.

5-S C. lndia/71 1952 subject to this restriction, that cases of contempt which

have already been provided for in the Indian Penal Bathina Ratna-Code should not be taken cognizance of by the High Jtrishna Reddy

v. Court. This seems to be the principle underlying The State of section 2(3) of the Contempt of Courts Act. What

Madras. these cases are need not be exhaustively determined

for purposes of the present case, but some light is un-doubtedly thrown upon this matter by the provision of section 480 of the Criminal Procedure Code, which empowers any civil, criminal or revenue court to punish summarily a person who is found guilty of committing any offence under sections 176, 178, 179, 180 or section 228 of the Indian Penal Code in the view or presence of the court. We are not prepared to say, as has been said by the Patna High Court in /nanendra Pro1ad v. Gopal('), that the only section of the Indian Penal Code which deals with contempt committed against a court of justice or judicial officer is section 228. Offences under sections 175, 178, 179 and 180 may also, as section 480 of the Criminal Pro-cedure Code shows, amount to contempt of court if the "public servant" referred to in these sections happen& to be a judicial officer in a particular case. It is well known that the aim of the contempt proceeding is "to deter men from offering any indignities to a court of justice" and an essential feature of the proceeding is the exercise of a summary power by the court itself in regard to the delinquent. In the cases mentioned in section 480 of the Indian Penal Code, the court has been expressly given summary powers to punish a person who is guilty of offending its dignity in the manner indicated in the section. The court is com-petent also under section 482 of the Criminal Procedure Code to forward any case of this description to a Magis-trate having jurisdiction to try it, if it considers that the offender deserves a higher punishment than what can be inflicted under section 480. Again, the court is entitled under section 484 to discharge the offender on his submitting an apology, although it has al-ready adjudged him to punishment under acction 480

(I) J.L.R. 12 Pat. l?l.

or forwarded his case for trial under section 482. 1952 The mode of purging contempt by tendering apology is a further characteristic of a contempt proceeding. Bathina Rama· It seems, therefore, that there are offences which are krishna Reddy v. punishable as contempt under the Indian Penal Code 1' he State of and as subordinate courts can sufficiently vindicate Madras. their dignity under the provisions of criminal law in mch cases the legislature deemed it proper to exclude Mukheriea them from the jurisdiction of the High Court under section 2(3) of the Contempt of Courts Act; but it would not be correct to say that the High Court's jurisdiction is excluded even in cases where the act complained of, which is alleged to constitute contempt, is otherwise an offence under the Indian Penal Code.

This view has been taken and, in our opinion quite rightly, in a number of decisions by the Calcutta,(1) Patna,(2) Allahabad(3 ) and Lahore(') High Courts. The only authority which Mr. Sinha could cite in support of his contention is the decision of the Nagpur High Court in Ki.ran Krishna Ii v. Nagpur Conference of Society of St. Vincent de Pau/(6). The authority is undoubtedly in his favour as it proceed5 upon the assumption that the idea underlying the provision of section 2(3) of the Contempt of Courts Act is that if a person can be punished by some other tribunal, then the High Court should not entertain any proceeding for contempt. It is to be noticed that the learned Judge, who decided this case, himself took the opposite view in the case of Subordinate fudge, First Class, Hoshangabad v. fawaharla/( 8 and definitely held that ) the prohibition contained in section 2(3) of the Con-tempt of Courts Act refers to offences punishable as contempt of court by the Indian Penal Code and not to offences punishable otherwise than as contempt.

This decision was neither noticed nor dissented from in the subsequent case, and it is quite possible that

(1) Narayan Chandra v. Panchu Pramanik (A.LR. 1935 Cal. 684);

N,msh Kumar v. Umaromal (A.LR. 1951 Cal. 489).

(2) Kaulashia v. Emperor (12 Pat. 1).

(3) State v. Brahma Prakash (A.I.R. 1950 All. 556); Emperor v.

fagannatll (A.I.R. 1938 All. 358).

(4) Bennett Coleman v. G. S. Monga (I.L.R. 1937 Lah. 34), (5) A.LR. 1943 Nag. 334. ( 6) A.LR. 1940 Nag. 407.

1952 the attention of the learned judge was not drawn to

this earlier pronouncement of his, in which case the Bathina Rama-matter would certain! y have been more fully discus-krishna R<ddy

v. sed. We think further that the decision of the Cal-Th• Stat• of cutta High Court in V. M. Bason v. A.H. Skone,(')

Madras. which was the basis of the decision of the learned

Judge in the subsequent case does not really support Mukh.rj•a /. the view taken in it. In the Calcutta case what hap-

pened was, that a clerk of the Attorney, who appeared for the respondent decreeholder, went to serve a notice under Order 21, Rule 37 ( 1), of the Civil Procedure Code upon the appellant judgment-debtor. The judgment-debtor refused to take the notice and abused and assaulted the Attorney's clerk. Upon that, contempt proceedings were started against him and ,Mr. Justice C. C. Ghosh, sitting on the Original Side of the High Court of Calcutta, held the appellant guilty of con-tempt and fined him Rs. 200. On appeal, this judge- •.f ment was affirmed by the appellate Bench and there was a general observation made by Chief Justice Sanderson at the close of his judgment that it is not desirable to invoke the special inherent jurisdiction of the High Court by way of proceeding for contempt if ordinary proceedings in a Magistrate's court are suffi-cient to meet the requirements of a case. This was not a case under section 2(3) of the Contempt of Courts Act at all and no question either arose or was decided as to whether if an act is otherwise punishable as an offence under the Indian Penal Code the jurisdiction of the High Court' under that section would be ousted. Undoubtedly the High Court had jurisdiction in that · case and whether such jurisdiction, which is certainly of a special character and is exercised summarily, should be called in to aid in the circumstances of a particular case would depend upon the discretion · of the court. This has, however, no bearing on the point that has arisen for consideration before us. We would hold, therefore, that the right view was taken by the learned Judge of the Nagpur High Court in the earlier case and not in the later one.

. ( 1) 1.L.R. 53 Cal. 40 l.

•;.' It is next urged by Mr. Sinha that even assuming 1952

that this view is correct, the language of section 499 of the Indian Penal Code is wide enough to cover a Bathina Rama-case of contempt of court. What is said is, that if a krishna Reddy v. libel is published against a judge in respect of his The State of judicial functions, that also is defamation within the Madras. meaning of section 499 of the In~ian Penal Code and as such libel constitutes a contempt of court, it may Mukherjea be said with perfect propriety that libel on a judge is punishable as contempt under the Indian Penal Code.

We do not think that this contention can be accepted as sound. A libellous reflection upon the conduct of a judge in respect of his judicial duties may certainly come under section 499 of the Indian Penal Code and it may be open to the judge to take steps against the libeller in the ordinary \Vay for vindication of his character and personal dignity as a judge; but such libel may or may not amount to contempt of court.

As the Privy Council observed in Surendra Nath Benerjee v. Tlze Chief Justice and Judges of the High Court(1) "although contempt may include defama-tion, yet an offence of contempt is something more than mere defamation and is of a different character."

When the act of defaming a judge is calculated to obstruct or interfere with the due course of justice or proper administration of law, it would certainly amount to contempt. The offence of contemp~ is really a wrong done to the' public by weakening the authority and influence of courts of law which exist for their good. As was said by Willmot, C.J.( 2 ) "attacks upon the judges excite in the minJs of the people a general dissatisfaction with all judicial deter-minations ...... and whenever man's allegiance to the laws is so fundamentally shaken it is the most fatal and dangc;:rous obstruction of justice and in my opin-ion calls out for a more rapid and immediate redress than any other obstruction whatsover; not for the sake of the judges as private indi1•iduals but because they are the channels by which the King's justice is conveyed to the people".

(1) I.L.R. 10 Cal. 109 at 131.

(2) Willmot's Opinions page 256: Ro: v. Davies 30 at p. 40-41.

1952 What is made punishable in the Indian l'enal Code

is the offence of defamation as defamation and not as Bathina Ram•· contempt of court. If the defamation of a subordinate fc.rishna Reddy

v. court amounts to contempt of court, proceedings can The State of certainly be taken under section 2 of the Contempt of

Madras. Courts Act, quite apart from the fact that other

remedy may be open to the aggrieved officer under section 499 of the Indian Penal Code. But a libd attacking the integrity of a judge may not in the cir: cumstances of a particular case amount to a contempt at all, although it may be the subject-matter of a libel proceeding. This is clear from the observation of the Judicial Committee in the case of The Matter of a Special Reference from the Bahama Islands('). The first contention of Mr. Sinha, therefore, fails.

The second point raised by the learned counsel does not appear to us to have any real substance. The article in question is a scurrilous attack on the integ-rity and honesty of a judicial officer. Specific in-stances have been given where the officer is alleged to have ~aken. bribes or behaved with 'impropriety to the litigants who did not satisfy his clishonest demands. If the allegations were true, obviously it would be to the benefit of the public to bring these matters into light. But if they were false, they cannot but under-mine the confidence of the public in the administra-tion of justice and bring judiciary into disrepute. The appelhnt, though he took sole responsibility regarding the publication of the article, was not in a position to substantiate by evidence any of the allegations made therein. He admitted that the state-ment was based on hearsay. Rumours may have reached him from various sources, but before hr published the article it was incumbent upon him as a reasonable man to attempt to verify the informations he received and ascertain, as far as he could, whether the facts were true or mere concocted lies. He does not appear to have made any endeavour in this direc-tion. As the appellant did not act with reasonabk care and caution, he cannot be said to have act:erl

Cl) fl 8931 A.C. 138.

bona fide, even if good faith can be held to be a defence 1952 at all in a proceeding for contempt. What is more, Bathina Ramtt· he did not express any regret for what he had done krishna Reddy either in the High Court or before us and his behaviour v. Joes not show the least trace of contrition. In these The State of circumstances, we think that the appeal cannot suc-Madras:. ceed and must be dismissed.

Appeal dismissed.

Agent for the appelliant : S. Subrahmanyam.

Agent for the respondent : P. A. Mehta.

KATHI RANING RAWAT 1952

ti. p,,,. 27.

THE STATE OF SAURASHTRA

[PATANJALI SASTRI c. J., FAZL ALI, MEHAR CHAND

~1h.IHJAN, MuKERJEA, DAs, CHANDRASEKH.,RA A1Y AR and VIVIAN BosE JJ.]

Saurasiitra State Public Safety (Third Amendment) Orditzanu (LXVI of 1949), ss. 9, 10, 11-Law empowering State to constitute Special Court,· to try special classe . .- of ofjences-Constittttional 11alidity-Contraventio11 of fundamental rig/it to equal protection of laws-Ess~ntiais of valid clas.<ifimtion-I>c:legation of legislative powers--r:omritutio11 of lndia, .1rts. 13, 14.

The Saurashtra State Public Safety .Measnrcs Ordinance, 19-18, was p~5'ed "to provide for pul1lic safety, maintenance of public order and preservation of peace and tranquillity in the State of Saurashtra." As crimes involving violence such as dacoity and murder were increasing, this Ordinance was amend-ed by the Saurashtra State Public Safety Measures (Third Amend-ment) Ordinance, 1949, which, by secs. 9, JO and 11, empower-ed the State Government hy notification in the official gazette to constitute Special Courts of criminal jurisdiction for such ,1rea as may he specified in the notification, to appoint Special fudges to prc,ide over such Conrts and to invest them with jurisdiction to try such offences or classes of offences or such cases or classes of cases as the Government may, by general or special order in writing, direct. The procedure laid down by