, III (2016 )CCR15 (SC ), 2010 (179 )ECR111 (SC ), 2010 (256 )ELT641 (S.C. ), JT2010 (8 )SC 523 , 2010 (5 )KarLJ249 , 2010 (II )OLR809 , 2010 (II )OLR(SC )809 , 2010 (4 )RCR(Criminal)1 , 2010 (8 )SCALE212 , (2010 )8 SCC281 , 2010 (7 )UJ3523 , ,MANU/SC/0593/2010
G.S. Singhvi#A.K. Ganguly#239SC3020Judgment/OrderAIR#CCR#ECR#ELT#JT#KarLJ#MANU#OLR#OLR#RCR (Criminal)#SCALE#SCC#UJG.S. Singhvi,SUPREME COURT OF INDIAAdministration Of Justice#Appeal#Apprehension#Article Published#Contempt#Contempt Jurisdiction#Contempt Law#Contempt Petition#Contempt Power#Contempt Proceeding#Criminal Contempt#Criticism#Death#Defences#Due Course Of Justice#Duty#Expression Of Opinion#Fair Comment#Fair Criticism#False Representation#Fraud#Freedom#Freedom Of The Press#Good Faith#Information#Inquiry#Intention#Interference#Judicial Proceeding#Limitation#Lowering The Authority#Misleading#Newspaper#Not A Cloistered Virtue#Oath#Obstruction#Opportunity#Power To Punish#Precedent#Privilege#Proceeding#Public Interest#Publication#Punish For Contempt#Reasonable Criticism#Record#Refusing#Scandalizing The Court#Scandalous Attack#Suspicion#Tendency To Scandalise#Utterances#Waiver2012-9-2456068,17051,17067,56078,56081,17320,17321,16916,56079,21733,16965,17151 -->
MANU/SC/0593/2010
True Court CopyTM EnglishECR OLR
IN THE SUPREME COURT OF INDIA
Contempt Petition (Criminal) No. 9 of 2009 in Contempt Petition (Criminal) No. 15 of 1997
Decided On: 13.08.2010
Appellants: Indirect Tax Practitioners Association Vs. Respondent: R.K. Jain
Hon'ble Judges/Coram:
G.S. Singhvi and A.K. Ganguly JUDGMENT
G.S. Singhvi, J.
1. Whether by writing editorial, which was published in Excise Law Times dated 1.6.2009 with the title "CESTAT PRESIDENT SETS HOUSE IN ORDER - ANNUAL TRANSFERS FOR MEMBERS INTRODUCED - REGISTRY IN LINE", the respondent violated the undertaking filed in this Court in Contempt Petition (Criminal) No. 15 of 1997 and whether contents of the editorial constitute criminal contempt within the meaning of Section 2(c) of the Contempt of Courts Act, 1971 (for short, `the Act') are the questions which need consideration in this petition filed by Indirect Tax Practitioners' Association, Bangalore under Articles 129 and 142 of the Constitution of India.
2. This Court had, after taking cognizance of letter dated 18.9.1997 written by Justice U.L. Bhat, the then President of the Customs, Excise and Gold (Control) Appellate Tribunal to the Chief Justice of India pointing out that the respondent had published objectionable editorials in 1996 (86) Excise Law Times pages A169 to A179, 1996 (87) Excise Law Times pages A59 to A70 and 1997 (94) Excise Law Times pages A65 to A82 containing half truths, falsehoods and exaggerated versions of the alleged deficiencies and irregularities in the functioning of the Tribunal, initiated contempt proceedings against the respondent which came to be registered as Contempt Petition (Criminal) No. 15 of 1997. On 25.8.1998, the respondent filed an undertaking, the relevant portions of which are reproduced below:
I realize tha........