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PETITIONER: AJAI KUMAR GOEL

       Vs.

RESPONDENT: ANIL KUMAR SHARMA

DATE OF JUDGMENT19/01/1994

BENCH: REDDY, K. JAYACHANDRA (J) BENCH: REDDY, K. JAYACHANDRA (J) RAY, G.N. (J)

CITATION:  1994 SCC  Supl.  (2) 523

ACT:

HEADNOTE:

JUDGMENT: ORDER The appellants M/s A.K. Goel and another are connected  with a  well-known Hindi Magazine ’Sarita’ in the capacity  as  a reporter  and  publisher.   The  contempt  proceedings  were initiated  on  the ground that an article published  in  the said   magazine  in  respect  of  the  functioning  of   the administration  of  subordinate judiciary in  U.P.  However, during  the  said  proceedings the  appellants  tendered  an unconditional apology and the same was accepted by the  High Court.   However, the grievance is that the High  Court  has made  certain  observations which, if  taken  seriously,  no newspaper will be in a position hereafter even to make  fair criticism regarding the functioning of the administration of subordinate  judiciary.   We  have  carefully  perused   the relevant portion of the High Court judgment in this context. The  High Court, as a matter of fact, observed that   "after reading the article we are of the considered view that while writing the article in an attempt to improve the  conditions of the litigants as well as the judicial officers Ajai Kumar Goel   lost  sight  of  the  article  creating  an   adverse impression".   The High Court, however, having made such  an observation  accepted the unconditional apology.  We do  not think  that the observations made by the High Court  in  any manner  prevent  the media from writing any  article  making fair criticism without undermining the integrity and dignity of the judiciary and which are not detrimental to the  cause of judiciary as a whole.  With the observations made  above, the appeal is disposed of. 524