Mid Day Journalists sentenced 4-month jail for contempt of court

Justice Y K Sabharwal

New Delhi: The Delhi high court sentenced three journalists and a publisher of afternoon tabloid Mid Day daily for contempt of court. Three journalists including one cartoonist were found guilty of publishing defaming news reports against former chief justice Mr. Y K Sabharwal. Four have been sentenced to four months imprisonment by the high court bench.

The Bench comprising Justice R S Sodhi and Justice B N Chaturvedi said, "In view of the fact that they neither seek an apology nor do they opt to and reiterate their stated stand and the contemnors have tarnished the image of the highest court, a four-month imprisonment would serve the ends of justice."

The accused journalists include publisher A K Akhtar, editor Vitusha Oberoi, city editor M K Tayal and cartoonist Irfan.

There was a report published by Mid Day on 19 May. As per the report, Justice Sabharwal had passed orders as the Chief Justice, during the sealing of commercial property in New Delhi. The journalists accused Mr. Sabharwal of favoring his sons in his decision, who were known to be close associates of some mall developers in the capital.

The bench said, "The publications, in the garb of scandalising a retired chief justice of India, have in fact attacked the very institution, which according to us is nothing short of contempt."

Former Law Minister Shanti Bhushan who represented the journalists in the case said that they were having strong proof of the fact that Mr. Y K Sabharwal`s sons were favored during the sealing of commercial buildings in New Delhi. He further insisted that a judge, after retirement can’t be termed as a part of the judicial system. If something is written against him with complete facts to support the report, then it can’t be termed as contempt of court. The court rejected this argument.

The counsel for the journalists said, "All the articles were based on truth and truth is an explicit defence under the Contempt of Courts Act."

As per the Supreme Court orders two days ago, the High Court granted bail to the journalists. All the accused were present in the court and were granted bail after furnishing bonds of Rs 10,000 each.

KS Sachidananda Murthy, Secretary General of Editors’ Guild of India said, “If a journalist reported truthful matters, then he should be judged on that basis. We have been asking for a change in contempt law and the Guild is again meeting next month when we will further deliberate on the issue on the basis of this judgement, proceedings in different courts.”