The Hindu : National : Court won’t stay contempt proceedings

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Thursday, Sep 20, 2007
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Court won’t stay contempt proceedings

Legal Correspondent

NEW DELHI: The Supreme Court on Wednesday declined to stay the contempt proceedings initiated by the Delhi High Court against the Editor and three others of Mid Day for publishing articles allegedly defaming the former Chief Justice of India, Y.K. Sabharwal.

A Bench consisting of Justices Ashok Bhan and V.S. Sirpurkar, however, asked the High Court to release them on bail if it were to award a sentence of imprisonment.

On September 11, it held Vitusha Oberoi, Editor of the newspaper; M.K. Tayal, City Editor; S.K. Akhtar, printer and publisher, and Md. Irfan Khan, cartoonist, guilty of contempt, fixed September 21 for pronouncing the quantum of punishment and directed them to be personally present in the court.

Senior counsel Shanthi Bhushan, appearing for the contemnors, pleaded before the Bench during ‘mention time’ that the proceedings in the suo motu contempt case be stayed.

However, the Bench said, “This is not the stage to stay the contempt proceedings. We want the proceedings to be completed. Let the High Court give the sentence and we will take up the appeal later.”

In its brief order, the Bench said, “In case the sentence is pronounced, the High Court shall release the petitioners on bail till the matter comes up for hearing before this court.”

The appellants said the High Court had held them guilty even though the facts stated in the stories concerned were not disputed.

They were entitled to the defence of truth under Section 13 of the Contempt of Courts Act.

They sought the quashing of the High Court order and an interim stay of all further proceedings.

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