AIR 1969 DELHI 201 ::ILR (1969) Delhi 157

Delhi High Court

Hon'ble Judge(s): I. D. Dua , C.J. AND S. K. Kapur, Jagjit Singh , JJ

(A) Contempt of Courts Act (32 of 1952) , S.3, S.4— Contempt of Court by one person - Another person taking entire responsibility for offence and expressing unqualified regrets - Is no ground for absolving former - Applicability of rule to Editor and correspondent of newspaper. Constitution of India , Art.215— If contempt of Court is committed by a person then merely because someone else takes the responsibility for the contempt committed by the former it is no ground in law to absolve him or to decline to take notice of the former's guilt. Hence where the Editor of a newspaper takes the entire responsibility for what has appeared in his newspaper and also expresses unconditional regrets for the contempt of Court, it is not open to him to contend that the correspondent of the newspaper who is actually responsible should not be made a party to the proceedings for contempt.(Para 5) (B) Constitution of India , Art.19(1)(a), Art.19(2), Art.129, Art.141, Art.215, Art.366(10), Art.372, Sch.VII List I Entry 77, Sch.VII List III Entry 14— Fundamental right of freedom of speech and expression - Freedom of press - Extent of - Cannot override law of Contempt of Courts - Law of contempt of Court whether statutory or as developed by decisions of Supreme Court and High Courts is no....