L. Nageswara Rao JUDGMENT
L. Nageswara Rao, J.
1. The Appellants were found guilty of committing contempt by the High Court of Judicature for Rajasthan at Jodhpur. Simple imprisonment of two months and fine of Rs. 2,000/- each was imposed. Aggrieved by the said judgment, the Appellants have filed these Criminal Appeals.
2. The Appellants along with Sheopat Singh belong to the Marxist Communist Party. Sheopat Singh died during the pendency of these proceedings. It is relevant to mention that Appellants Nos. 2 and 3 are advocates. A prominent trade union activist of Sri Ganganagar District Shri Darshan Koda was murdered on 18.12.2000. Some of the accused were granted anticipatory bail in February, 2001 by the High Court of Rajasthan. The Appellants addressed a huge gathering of their party workers in front of the Collectorate at Sri Ganganagar on 23.02.2001. While addressing the gathering, the Appellants made scandalous statements against the High Court which were published in Lok Sammat newspaper on 24.02.2001. The offending statements made by the Appellants (from the translated version) are summarized as under:
Appellant No. 1-"Ex MLA Het Ram Beniwal said that, there are two types of justice in the courts. A thief of Rs. 100/- cannot get bail, if the lathi and gandasi is hit then the courts ask for the statements of the witnesses and diary, but Miglani and Gurdayal Singh committed the murder, even then anticipatory bail had been taken on the application without diary."
Appellant No. 2-"Navrang Chaudhary, Advocate, District President, CITU said that the general public has lost confidence in the law and justice."
Appellant No. 3-"MCP Leader Bhuramal Swami naming the judge of the High Court said in attacking way that all around there is Rule of rich people whether it is bureaucracy or judiciary."
Appellant No. 4-"Sarpanch Hardeep Singh told that there was influence of money behind the anticipatory bail of the accused."
The Advocate General gave his consent to Respondent No. 1 for initiation of contempt proceedings on 16.01.2002. Thereafter, Respondent No. 1 filed a Contempt Petition in the High Court. It was stated by Respondent No. 1 in the contempt petition that baseless allegations of bias and corruption were made by the Appellants against the judiciary. He also alleged that the Appellants were guilty of a systematic campaign to destroy the public confidence in the judiciary.
3. The Appellants filed a common counter denying the allegations made against them. The appointment of the Special Public Prosecutor in the case of the murder of Shri Darshan Koda was in dispute and the Appellants contended that they were agitating for appointment of another competent lawyer as Special Public Prosecutor. They accused Respondent No. 1 of initiating contempt proceedings only to harass and victimize them as they were agitating for a change of the Special Public Prosecutor. They denied making any defamatory statements against the judiciary. A compact disc (CD) was produced on 15.07.2003 which was a video recording of a press conference held on 15.05.2002 at Sri Ganganagar by the third Appellant and Sheopat Singh. The said press conference was also telecast on ETV (Rajasthan). The High Court viewed the CD after taking consent from both sides in the presence of the third Appellant and Sheopat Singh. The High Court directed........