Jharkhand High Court
Court On Its Own Motion vs Salkhan Murmoo on 8 October, 2012
Author: D.N. Patel
Bench: D.N. Patel
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cont. Case (Criminal) No. 5 of 2012
Court on its own Motion Versus Salkhan Murmoo and others
CORAM: HON'BLE MR. JUSTICE D.N. PATEL
HON'BLE MR. JUSTICE PRASHANT KUMAR
For the Bar Council : Mr. Rajiv Ranjan, Advocate
For the Bar Association : Mr. M.S. Anwar, Sr. Advocate
For the Advocates' Association : Mr. Laljee Sahay, Advocate
For the State : Mr. Ajit Kumar, A.A.G.
th
02/Dated: 8 October, 2012
Per D.N. Patel, J.:
1.This matter has been listed today upon a letter written by the Presidents of the Bar Association and Advocates' Association of the Jharkhand High Court at Ranchi dated 5th October, 2012 and the letter was addressed to Hon'ble the Chief Justice to take cognizance about contempt of Court against certain persons in light of the news item published in daily newspaper "Dainik Jagran", Ranchi, whereby, the effigy of the High Court of Jharkhand was burnt on 4th October, 2012 in front of Raj Bhawan by the persons, namely, Salkhan Murmoo, Sone Lal Murmoo, Rajendra Kant Mahato and Kumar Akash Tudu. It is submitted by the advocates that these persons may be punished adequately for contempt of this Court. Against these persons, an offence under Section 143, 144, 188 and 500 of the Indian Penal Code has been registered bearing Kotwali P.S. Case No. 990 of 2012 at Kotwali Police Station, within the city of Ranchi.
2. Learned counsel of the different Associations and the Chairman of the Bar Council have presented other relevant newspapers, namely, "Hindustan (Hindi version)" and "Dainik Bhaskar" both dated 5th October, 2012, which are taken on record. It is submitted by learned counsel appearing on behalf of the Bar Association and Advocates' Association that there are other newspapers also, which are "Hindustan (Hindi version)" and "Dainik Bhaskar", in which, such item has also been published in different formats with photograph. It is also submitted by the advocates that there is also photography and videography of this incident, which may also be called from the concerned Press by issuing notices upon the editors of these Press. It is also submitted by the advocates of the Associations that let the State Government be directed to supply the details of the First Information Report and the progress in investigation of Kotwali P.S. Case No. 990 of 2012.
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3. In view of the aforesaid submissions and looking to the items of the newspapers, we hereby issue notice to the editors of these Press, publishing the newspapers, namely, "Dainik Jagran", "Hindustan (Hindi version)" and "Dainik Bhaskar" with a view to verify the fact, which has been stated in the news items. If they have other evidence like photography and videography about the incident, in question, the same will also be presented before this Court. We are issuing notice because it is insisted by the advocates of the Associations that direct cognizance or suo moto action may be taken under Section 15 of the Contempt of Court Act and, therefore, before taking cognizance, we are issuing notice upon the editors of the aforesaid newspapers so as to place on record other evidences, as stated hereinabove. We also direct the State of Jharkhand to present on oath, a copy of the First Information Report bearing Kotwali P.S. Case No. 990 of 2012, registered at Kotwali Police Station, within the city of Ranchi along with the video clips or such other relevant documents, whatever have been collected during the course of investigation by the Investigating Officer.
4. Learned counsel for the State has brought a copy of the First Information Report of Kotwali P.S. Case No. 990 of 2012.
5. Learned counsel for the State is waiving notice as the Additional Advocate General of the State of Jharkhand is appearing in the matter.
6. Notice is made returnable on 8th November, 2012.
7. Registry is directed to supply a copy of this order to the Additional Advocate General, Chairman of the Bar Council, President of the Bar Association and President of the Advocates' Association.
(D.N. Patel, J.) (Prashant Kumar, J.) Ajay/