TMI Blog1995 (4) TMI 296X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the course of the said negotiations and offers and counter offers for telecasting of the matches, a stage reached when the CAB had to file a writ petition on 8th November, 1993 before the Calcutta High Court praying, among other things, that the respondents to the writ petition - Union of India, the Ministry of Information and Broadcasting (MIB), Videsh Sanchar Nigam Limited (VSNL) and Doordarshan (DD)-should be directed to provide telecast and broadcast of all the matches and also to provide all arrangements and facilities for telecasting and broadcasting of the matches by the agency engaged by the CAB, viz., Trans World International (TW1). In view of the urgency of the matter, interim reliefs were also sought in the petition. The learned Single Judge of the High Court on the same day, directed the learned advocate of the Union of India to obtain instructions in the matter, and in the meanwhile, passed interim order making it clear that it would not prevent the DD from telecasting the matches without affecting the existing arrangements between the CAB and TWl. The writ petition was posted for further hearing on 9th November, 1993 on which date, the learned Single Judge confir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot be done, the dispute should be decided by the Head of the Police in the place where the match was being played. (c) The equipment of TWI which had been seized by the Customs Authority should be released upon undertaking that the same would not be used for any other purpose and (d) The VSNL should take proper steps for uplinking, and should not take any steps to defeat the orders of the Court. The TWI should comply with all financial commitments to VSNL. 2. On 15th November, 1993, CAB and another filed writ petition No. 836/1993 in this Court from which the present contempt proceedings have arisen. On 15th November, 1993, this Court passed an order directing the Secretary, Ministry of Communications to hold meeting on the same day by 4.30 p,m. and communicate its decision by 7.30 p.m. This order became necessary because, although the High Court on 12th November, 1993 had directed that the Ministry of Telecommunications should consider the question of issuing licence to TWI under the Telegraph Act and decide the same within three days from that date (which time limit was expiring in any case by 15th November, 1993), the Secretary of the MIB had fixed the meeting only on 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s filed on behalf of the MIB by the contemner Shri Sanjiv Datta, who is working as Deputy Secretary in MIB. In the said affidavit, the contemner, among other things, averred as follows: This Hon'ble Court erred in law by entertaining this petition and thereafter passing interim orders with undue haste on it without affording an opportunity to the respondents to set down their case through a proper affidavit thereby causing irreparable damage to the respondents by making a mockery of the established policy of the Government of India by permitting a foreign corporation to undertake broadcasting from India against the national interest and thereby undermining the sovereignty of the national in order to ensure the execution of an agreement that the petitioners entered into with the foreign corporation which was ab-initio void because of the failure of the petitioners to apply for and be granted the requisite licence to enable them to operate from Indian soil. 3. This Court on 6th December, 1993 issued a notice to the contemner to show cause as to why he should not be proceeded against for contempt of this Court for the above statements made by him. On 7th January, 1994, the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itioners belong all their protestations of working in the interest of the cricket lovers of this country. 4. We have given above in extenso the background of the two orders that this Court passed on 15th November, 1993 with a view to point out that the contemner all along was aware of the urgency of and the reasons for the passing of the said orders and also of the fact that the orders were passed after fully hearing the counsel for the parties on both the occasions. As a responsible officer, he ought to have known that on many occasions even in non-urgent matters, interim orders are passed on the basis of the oral arguments. In urgent matters such as the present, such a procedure becomes all the more imperative to prevent injustice being done to one or the other party in the meanwhile. Written submissions are not a sine qua non of the hearing of a matter. Oral arguments are as good as written submissions. It is not the case and it was never the grievance of the counsel appearing on behalf of the respondents that they were not heard in the matter before the orders were passed. Hence the allegations made by the contemner that the orders were passed with undue haste and without ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se averments also ought not to have been made by me. (i) In paragraph 1 of the said affidavit: xx xx xx xx (ii) In paragraph 7 of the said affidavit: xx xx xx xx (iii) In paragraph 10 of the said affidavit: xx xx xx xx (iv) In paragraph 16 of the affidavit: xx xx xx xx 5. I am truly and sincerely sorry for having made such averments in the said other paragraphs of the said affidavit for which in all humility I tender my unreserved, unqualified and unconditional apology to this Hon'ble Court. I most respectfully pray that this Hon'ble Court may be graciously pleased to accept the same. 6. I further pray that this Hon'ble Court may be pleased to permit to further withdraw the said portions of paragraph 1, 7, 10 and 16 of the said affidavit quoted above and to order that the same may be expunged. 7. Without in any way trying to detract from the sincere expression of contriteness and the unreserved and unconditional apology tendered above, which I repeat and reiterate, I submit that the said unfortunate averments came to be made not with any deliberate or contumacious intent. 8. I once again express my unconditional and sincere apologies ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es not claim infallibility. It is truly said that a judge who has not committed a mistake is yet to be born. Our legal system in fact acknowledges the fallibility of the courts and provides for both internal and external checks to correct the errOrs. The law, the jurisprudence and the precedents, the open public hearings, reasoned judgments, appeals, revisions, references and reviews constitute the internal checks while objective critiques, debates and discussions of judgments outside the courts, and legislative correctives provide the external checks. Together, they go a long way to ensure judicial accountability. The law thus provides procedure to correct judicial errOrs. Abuses, attribution of motives, vituperative terrorism and defiance are no methods to correct the errors of the courts. In the discharge of their functions the courts have to be allowed to operate freely and fearlessly but for which impartial adjudication will be an impossibility. Ours is a Constitutional government based on the rule of law. The Constitution entrusts the task of interpreting and administering the law to the judiciary whose view on the subject is made legally final and binding on all till it is c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court for filing the said affidavit of the contemner, Shri Sanjiv Datta. The offence of contempt of the court is committed not only by those who author an offensive document but also by those who file it in the Court. In the present case, it is not disputed that Shri Vasdev had filed the said affidavit. However, he has given his explanation for the same as follows: ...I state that it is correct that the said affidavit of 30th of November, 1993 was filed by me as an Advocate-on-Record engaged on behalf of the Ministry of Information and Broadcasting. I state that on the 1st of December, 1993 when I was entering Court No. 2 the said affidavit was brought to me pre-drafted, pre-typed and pre-attested by the officials of the Ministry of Information and Broadcasting when I was attending to a part-heard matter.... I state that the present writ petition was to be heard on the 6th of December, 1993 therefore the affidavit in reply was to have been filed 5 days prior to the listing of the case, and the same was filed on the 1st of December, 1993. I state that I did not read the contents of the affidavit and I had no reason to believe that there was any objectionable or derogatory ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e as to why action for contempt be not taken only against Shri Sanjiv Dutta, and that my oral unconditional apology stood accepted. I submit that I have the greatest respect for this Honourable Court and in my entire career of over 19 years at the Bar, I have not knowingly done or permitted the doing of any act which would in the least affect the prestige of this Hon'ble Court or any other Court. I have not willfully or knowingly done anything in this case which would be tantamount to contempt of this Honourable Court. I have apologised and I repeat my apology for having filed the affidavit in question in the circumstances mentioned in this affidavit. I once again tender my unqualified apology for having had filed the aforesaid affidavit without perusing the same. I assure this Hon'ble Court that such an action shall not be repeated on my part. I most humbly and respectfully pray that my unqualified and unconditional apology be accepted by this Hon'ble Court and the notice to show cause as to why proceedings for contempt be not issued against me be discharged. 9. Shri Vasdev has been an advocate of this Court of the last 19 years and during his practice he has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter receiving the formal notice of this Hon'ble Court, I requested the Director General, Doordarshan by letter dated 8.3.1995 to permit me to scrutinise the file - finally on 13.3.1995 I was permitted to go through the file in the room of the Secretary to the Ministry of Information Broadcasting at Shastri Bhavan. I could not locate in the file either my detailed draft counter, all of which was in my handwriting nor the draft SLP, all of which was also in my handwriting, I also could not locate the draft SLP which should have had corrections in my handwriting, as the same was corrected at the same time as the parawise comments... were corrected by me. I asked for the same, but was informed that all the relevant documents were in the file of which I was being given inspection, and that there was no other document containing my handwriting with the department. I was then given, at my request, a zerox copy of the document headed parawise comments in the writ petition... which was in the file. 5. I wish to bring to your Lordship's notice: (i) that a comparison of the parawise comments [zerox copy supplied to me] and the counter affidavit as filed in this Hon'b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er explanation and discharge the notice of contempt issued to her. 12. Before parting with these contempt proceedings, we may voice a few words not by way of admonition but caution. Judges also belong to legal fraternity. Most of them have come from the profession and some of them have practised law for more years than they have administered it. Hence the anxiety to express the concern. Of late, we have been coming across several instances which can only be described as unfortunate both for the legal profession and the administration of justice. It becomes, therefore, our duty to bring it to the notice of the members of the profession that it is in their hands to improve the quality of the service they render both to the litigant-public and to the courts, and to brighten their image in the society. Some members of the profession have been adopting perceptibly casual approach to the practice of the profession as is evident from their absence when the matters are called out, the filing of incomplete and inaccurate pleadings - many times even illegible and without personal check and verification, the non-payment of court fees and process fees, the failure to remove office object ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
