Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 1995 (4) TMI SC This

  • Login
  • Referred In
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

1995 (4) TMI 296 - SC - Indian Laws

Issues Involved:
1. Contempt proceedings against Shri Sanjiv Datta.
2. Contempt proceedings against Advocate Shri Kailash Vasdev.
3. Contempt proceedings against Advocate Mrs. Kitty Kumaramangalam.

Summary:

Contempt Proceedings Against Shri Sanjiv Datta:
These contempt proceedings arise out of Writ Petition No. 836/93. The Cricket Association of Bengal (CAB) had organized a six-nation cricket tournament and sought telecasting arrangements through Trans World International (TWI). The Union of India, Ministry of Information and Broadcasting (MIB), Videsh Sanchar Nigam Limited (VSNL), and Doordarshan (DD) were involved in the legal tussle over telecasting rights. Interim orders were passed by the Calcutta High Court and subsequently by the Supreme Court to facilitate the telecast. Shri Sanjiv Datta, Deputy Secretary in MIB, filed an affidavit containing statements that were factually incorrect, insinuating, and malicious, accusing the Court of making a mockery of the Government's policy and undermining national sovereignty. The Court found these statements to be a deliberate attempt to malign the Court and obstruct justice, amounting to criminal contempt. Despite Datta's unconditional apology, the Court held him guilty of criminal contempt and sentenced him to pay a fine of Rs. 2,000 or undergo simple imprisonment for one week in default. The Court directed that no departmental disciplinary proceedings should be initiated against him.

Contempt Proceedings Against Advocate Shri Kailash Vasdev:
Shri Kailash Vasdev, Advocate-on-Record, filed the affidavit containing the contemptuous statements. He explained that the affidavit was pre-drafted and pre-attested by officials of MIB and was filed under time constraints without his perusal. He tendered an unconditional apology for not scrutinizing the affidavit. Considering his exemplary conduct over 19 years at the Bar and his explanation, the Court accepted his apology and discharged the notice of contempt against him.

Contempt Proceedings Against Advocate Mrs. Kitty Kumaramangalam:
Mrs. Kitty Kumaramangalam was issued a notice for her role in drafting the affidavit. She explained that she had corrected a document called "parawise comments on the writ petition," but the final affidavit filed in Court was not the one she had settled. The Court accepted her explanation and discharged the notice of contempt against her.

General Observations:
The Court emphasized the need for members of the legal profession to maintain exemplary conduct, both in and outside the court, to uphold the administration of justice. The Court expressed concern over the casual approach of some members of the profession, which could erode public confidence in the legal system. The Court urged the legal fraternity to introspect and take corrective steps to maintain the dignity and effectiveness of the judicial system.

The contempt proceedings were disposed of in these terms.

 

 

 

 

Quick Updates:Latest Updates