Full Judgment Text
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PETITIONER:
AJAI KUMAR GOEL
Vs.
RESPONDENT:
ANIL KUMAR SHARMA
DATE OF JUDGMENT19/01/1994
BENCH:
REDDY, K. JAYACHANDRA (J)
BENCH:
REDDY, K. JAYACHANDRA (J)
RAY, G.N. (J)
CITATION:
1994 SCC Supl. (2) 523
ACT:
HEADNOTE:
JUDGMENT:
ORDER
The appellants M/s A.K. Goel and another are connected with
a well-known Hindi Magazine ’Sarita’ in the capacity as a
reporter and publisher. The contempt proceedings were
initiated on the ground that an article published in the
said magazine in respect of the functioning of the
administration of subordinate judiciary in U.P. However,
during the said proceedings the appellants tendered an
unconditional apology and the same was accepted by the High
Court. However, the grievance is that the High Court has
made certain observations which, if taken seriously, no
newspaper will be in a position hereafter even to make fair
criticism regarding the functioning of the administration of
subordinate judiciary. We have carefully perused the
relevant portion of the High Court judgment in this context.
The High Court, as a matter of fact, observed that "after
reading the article we are of the considered view that while
writing the article in an attempt to improve the conditions
of the litigants as well as the judicial officers Ajai Kumar
Goel lost sight of the article creating an adverse
impression". The High Court, however, having made such an
observation accepted the unconditional apology. We do not
think that the observations made by the High Court in any
manner prevent the media from writing any article making
fair criticism without undermining the integrity and dignity
of the judiciary and which are not detrimental to the cause
of judiciary as a whole. With the observations made above,
the appeal is disposed of.
524