Public Interest Won't Be Protected If Media Is Curbed: P&H HC Closes Contempt Plea Over News Article On Alleged Corruption In Court

The Punjab & Haryana High Court closed the contempt case initiated against Hisar District Court advocates and editor of a local daily for getting published an article against district judges that they are allegedly practising.

The alleged contemnor relied on Section 13 of the Contempt of Court, in defence.

According to Section 13, the court may permit, in any proceeding for contempt of court, justification by truth as a valid defence if it is satisfied that it is in public interest and the request for invoking the said defence is bona fide.

Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "the printed news item becomes endowed with the apposite statutory protection, as therebys public interest is protected, which however would remain unprotected if the pioneering effort of the media is curbed. Moreover therebys, there would emerge transparency and integrity in the functioning of the judiciary, which but cannot be untenably precluded."

The Court said that "irrespective of theirs raising the said justifiable defence, in the making of the news itmes, but have also proceeded to tender their unconditional and unqualified apology."

It further noted that the contemnors have, through the published news item , in the daily news paper 'Hisar Today', "thus not only withdrawn all the earlier published purported disparaging news items, but have also thereins expressed their unqualified and unconditional apology."

The suo moto proceeding was initiated against the advocates and editor of the newspaper "Hisar Today" on the basis of letter written by Additional District and Sessions Judge addressed to the District and Sessions Judge, Hisar.

The letter requested to initiate contempt proceedings against Mulakh Raj Mehta, Advocate, District Courts, Hisar and Mahesh Mehta, Editor of 'Hisar Today' newspaper for getting published news dated 6.2.2019 and dated 16.2.2019 against the ADJ and other judges in newspaper 'Hisar Today', and, that too without any basis and with ulterior motive.

In the the news article it was allegedly mentioned that the reader of the court is taking bribe on behest of judges to get favarouble orders.

The alleged contemnor argued that they published news, in good faith and with complete truth in public interest.

The division bench opined that, " arguments addressed before this Court by the learned counsels for the contemnors,...appeal to the judicial conscience of this Court, and, therebys this Court is led to discharge the contemnors and to close the instant contempt petition."

In the light of the above, the Court closed the case.

Title: Court on its own motion v. Mulakh Raj Mehta, Advocate and another

Citation: 2024 LiveLaw (PH) 424

Click here to read/download the order