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TMI Blog1983 (5) TMI 215X X X X Extracts X X X X X X X X Extracts X X X X ..... defenceless Judges of the High Court. Thus convict the contemner under section 12 of the Contempt of Courts Act, 1971 and sentence him to suffer simple imprisonment for three months and to pay a fine of Rs. 2,000. He shall be taken in custody forthwith. - Petition No. 24899 of 1982. - - - Dated:- 5-5-1983 - CHANDRACHUD, Y.V. ,TULZAPURKAR, V.D. AND VARADARAJAN, A. ,JJ. JUDGMENT:- ORIGINAL JURISDICTION : Civil Misc. Petition No. 24899 of 1982. (For Contempt of Court) In Special Leave Petition (C) No. 9661 of 1981. From the Judgment and Order dated the 30 September, 1981 of the Madras High Court at Madras in O.S.A. No. 148 of 1981 arising in Company Petition No. 30 of 1981. G. Vasant Pai, O. C Mathur, S. Sukumaran and D. N. Mi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly, Varadarajan, J., of course knows Tamil. We reserved our Judgment on that date and directed that the matter be listed for Judgment on April 26, 1983. We observed that the contemner may, if so advised, tender a written apology to this Court as also to each of the four Learned Judges of the Madras High Court against whom he had made unfounded allegations, namely, Justice Gokulakrishnan, Justice Ramanujam, Justice V. Ramaswami and Justice Shunmugham. We directed that the apologies be tendered in writing, if at all, by April 7, 1983 and be published on the front page of the two so-called newspapers, 'International Chronicle' and 'Sigappu Nada', which the contemner conducts. The contemner submitted a written apology to this Court on March 30, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ge article in 'Sigappu Nada' in which he has stated as follows : "Kailaimannan is ready to go to Jail In the case filed against me in the Supreme Court, Judgment is to be delivered on 26.4.1983. The Judgment has been announced already it has been published as news item in Newspapers. The Supreme Court has ordered that I must go to four of the High Court Judges personally and tender apology. But my conscience does not permit me to tender apology to them. I have decided to go to Jail, rather than tendering apology to them. But my case will make a new turn in India. I do not wish to say anything about it now. My enemies are jubilant that 'Kailaimannan' will be finished with this. Sigappu Nada will not be published hereafter. Even if I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ami, with or without contrition. We do not propose to give publicity to the grossly defamatory allegations made by the contemner, by reproducing them in our Judgment. The gist of those allegations is that certain Judgments given by the four Judges of the High Court proceeded from corrupt motives. The contemner seems to think that he can deter the Judges from discharging their duty by maligning them before the public, by alleging that their judgments are influenced by corrupt motives. The fact that the contemner has made allegations of corruption against the four Judges is not denied by him and indeed, he stated before us that he wanted an opportunity to establish those allegations. If we were to grant him such an opportunity, that would ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ject in giving publicity to the defamatory allegations against the High Court Judges is to deter them from deciding cases against him or against those in whom he is apparently interested. The apology tendered by him is an eye-wash, a make-belief, and cannot be accepted. In fact, there is no apology to accept because he has resiled from it. He is penitent for having apologised to the High Court Judges whose character he has assailed without the semblance of sincerity of purpose or purity of means. He is not penitent for his conduct. We are inclined to believe that the writings in the two journals conducted by the contemner are inspired by some others who are working from behind the curtain. They appear to have promoted the contemner to spe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld like to submit the following few lines for the benevolent consideration and sympathetic approach of this Hon'ble Court." In paragraph 5 of the said affidavit he says that he is a freedom fighter, that he was arrested during freedom movement at the early age of 18 and that he was detained under MISA during the emergency. "So prison life is not new to me". After saying all this, he has reiterated in paragraph 7 of the affidavit that though he is unable to justify his writings and substantiate his allegations 'at present', he was certain that he will be able to do so. He says that he has already addressed a letter to the Government of India and the Government of Tamilnadu for according sanction to prosecute "corrupt Judges for offences pu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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