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Judgment
20.09.2012
This is with reference to the news published in the front page of Indian Express dated 20.09.2012 titled "Appointing Judges to Tribunal raises questions of integrity, says SC Bench" with photographs of two sitting judges and another news item published in The Pioneer (New Delhi) dated September 20, 2012 with the head line "SC surprised at CJI's choice for green body".
The contents of the news item published in the Indian Express and the head line of the newspaper (The Pioneer) suggest that the bench had made observations on the recommendation made by Hon'ble the Chief Justice for appointment of Chairperson of the National Green Tribunal, a post which is lying vacant, and about the integrity of the judges appointed to the Tribunals are not only misleading but are patently false. The Court had only made observation about non-availability of facilities to the members of the Tribunals and hinted that this results in compromising with institutional integrity because the Judges are forced to go to the Executive and ask for various amenities like accommodation, medical facilities and leave travel concession. There was absolutely no reference to the proposed appointment of Hon'ble Justice Swatanter Kumar as Chairperson of the National Green Tribunal. As a matter of fact, the issue of appointment of Hon'ble Justice Swatanter Kumar was not even mentioned by either party. A reference to some incident of a former Judge of Rajasthan High Court was indeed made during the course of deliberations.
Likewise, there was no reference by the Additional Solicitor General to the so called representation made by National Human Rights Commission headed by former Chief Justice of India Shri Justice K.G. Balakrishnan in respect of Faridkot House where National Human Rights Commission is presently working. What he mentioned was that a portion of Faridkot House which was ordered to be allotted to National Green Tribunal was earlier allotted to Press Council of India and the Court had observed that such allotment ought to be cancelled despite representation by any functionary and the premises be allotted to the National Green Tribunal.
The distorted reporting of the Court proceedings has the tendency of lowering the dignity of the institution and brings the entire institution of Judiciary to ridicule in the eyes of the public and also shakes the people's confidence in the independence and integrity of the institution.
Let notice, returnable on 30.10.2012. be issued to Shri Utkarsh Anand, correspondent of the Indian Express who is cited as the author of the news published in the paper as also the publisher of the Indian Express Limited and publisher of the Pioneer (New Delhi) to show cause as to why proceedings may not be initiated against them under the Contempt of Courts Act, 1971.
The learned Attorney General who is assisting the Court in one of the two matters which were taken up yesterday as also Shri P.P. Rao, learned senior counsel who was requested to assist the Court as amicus are requested to assist the Court in this matter as well. Both have graciously accepted the request of the Court.
30.10.2012
Shri Nariman informed that both Shri Utkarsh Anand and the publisher of the Indian Express are present in the Court. Shri Sorabjee informed that the publisher of the Pioneer is also present in the Court.
Shri Nariman says that affidavits on behalf of the correspondent and the publisher will be filed during the course of the day. Shri Sorabjee referred to the reply filed on behalf of the publisher of the Pioneer and pointed out that he has tendered unqualified apology.
Shri Nariman says that in the affidavits to be filed by Shri Utkarsh Anand and the publisher of Indian Express also unqualified apologies are being tendered.
In view of the statement made by Shri Nariman, we deem it proper to defer consideration of this matter till next Tuesday.
List the matter on 06.11.2012.