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C.Ve. Shanmugam v/s Nakkheeran Gopal, The Editor & the Publisher, Nakkheeran Publications, Royapettah, Chennai & Another

    Contempt Petition No. 1452 of 2019

    Decided On, 28 August 2019

    At, High Court of Judicature at Madras


    For the Petitioner: S. Krishnan, K. Gowtham Kumar, A.K. Athiban Vijay, Advocates. For the Respondents: P.T. Perumal, Advocate.

Judgment Text

(Prayer: The Contempt Petition filed under Section 11 of Contempt of Courts Act, to punish the respondent for willful disobedience of the order passed in Crl.OP.No.18583 of 2019 dated 25.7.2019.)

This Contempt Petition has been filed seeking to punish the respondent for willful disobedience of the order passed by this Court in Crl.OP.No.18583 of 2019 dated 25.7.2019.

2. An affidavit has been filed on behalf of the respondents. The relevant portions of the affidavit is extracted hereunder:

2. At the outset, I tender apology before this Hon’ble Court, if this Hon’ble Court deems that I have committed any act of contempt of court.

3. I respectfully submit that Nakkheeran Publication has very high respect for judiciary. In the past, we have meticulously complied all observations and orders passed by the higher judiciary.

4. As about the present impugned publication it is respectfully submitted that the Nakkheeran issue dated 27-30 of July 2019 got printed on the night of 25th and the early hours of 26th July 2019. The said issue was despatched for circulation from the wee hours of 26th morning onwards in hit the stalls on 27th, Saturday.

5. It is submitted that the order passed by this Hon’ble Court on 25.07.2019, came to the knowledge of the public on 26th morning through Daily Newspapers. By that time, the activity of circulation has gone beyond the control process of the management. Hence, it is respectfully submitted, with utmost respect tot he Hon’ble Court, that the said impugned circulation was not at all wanton, willful and intended.

6. It is respectfully submitted that the third party petitioner has mislead this Hon’ble Court by stating false averment in his affidavit. His motive was only to malign the Nakkheeran Publication. In para no.3 of the affidavit at 5th line, it is stated that the publication was dated 29.07.2019. This is utterly false. The real date printed in the impugned issue is 2019 July 27-30. Therefore, the circulation hit the stall for sales on 27th early morning not on 29th as alleged by the petitioner. He has stated so, in order to create the situation that the Nakkheeran has published the article after 3 days from the date of order passed by this hon’ble Court.

7. In fact, the order of this Hon’ble Court was dated 25.07.2019 and it was reported in Newspapers on 26th. By that time, circulation process was completed. It was an inevitable circumstance. Hence, it is humbly stated that there was no act of willful disobedience of the order passed by this Hon’ble Court. The contempt petition is frivolous. It is filed on misconception of facts and dates”

3. It is clear from the stand taken by the respondents that the respondents were not aware about the order passed by this Court and by the time the order came to the public kno

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wledge, the contention had already rolled out on 26.07.2019. In view of the order passed by this Court on 25.07.2019, it is expected that no publication will be made with regard to this case, without the leave of this Court in future. By recording the affidavit filed by the respondents, this Contempt Petition is closed.