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Ashish Nandy vs State Of Gujarat on 25 April, 2016

Bench: V. Gopala Gowda, Arun Mishra

                                                  1

     ITEM NO.43                           COURT NO.9                 SECTION II

                               S U P R E M E C O U R T O F     I N D I A
                                       RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (Crl.)              No(s).    10289/2010

     (Arising out of impugned final judgment and order dated 01/09/2010
     in CRLWP No. 801/2008 passed by the High Court of Delhi at New
     Delhi)

     ASHISH NANDY                                                     Petitioner(s)

                                                 VERSUS

     STATE OF GUJARAT & ANR                                           Respondent(s)

     (With appln. (s) for stay and office report)
     (For Final Disposal)

     Date : 25/04/2016 This petition was called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE V. GOPALA GOWDA
                         HON'BLE MR. JUSTICE ARUN MISHRA

     For Petitioner(s)              Mr.   Kapil Sibal, Sr. Adv.
                                    Mr.   Huzefa Ahmadi, Sr. Adv.
                                    Mr.   Gaurang Kanth, Adv.
                                    Mr.   Rajeev Kumar Yadav, Adv.
                                    Mr.   Ambar Qamaruddin,Adv.

     For Respondent(s)              Mr.   Mahesh Jethmalani, Sr. Adv.
                                    Mr.   Gaurav Goel, Adv.
                                    Ms.   Shalini Saxena, Adv.
                                    Ms.   Chaitra P., Adv.
                                    Ms.   Garima Prashad,Adv.

                                    Mr. Tushar Mehta, A.S.G.
                                    Ms. Hemantika Wahi,Adv.

                          UPON hearing the counsel the Court made the following
                                             O R D E R

Heard Mr. Kapil Sibal, learned senior counsel appearing Signature Not Verified Digitally signed by VINOD KUMAR on behalf of the petitioner and Mr. Mahesh Jethmalani, learned Date: 2016.04.25 17:45:07 IST Reason: senior counsel appearing on behalf of respondent No. 2.

The draft of the apology letter, which is given in the Court, reads thus:

“I deeply regret the fact that my article namely, Blame the Middle Class” which was published on 08.01.2008 in the National Edition as well as Local Editions of Times of India has hurt the sentiments of many. The said article was based on a critical analysis of the outcome of the Gujarat Legislative Election held in December, 2007.

Nevertheless, since my article has caused pain and has hurt the sentiments of many, I tender my unconditional apology for any hurt that my article have caused and reiterate that it was not intentional and was against my own beliefs ad principles.” In view of the aforesaid letter giving unconditional apology for having published in the editorial page of Times of India, Ahmedabad edition, on 8.01.2008, and by consent of the learned senior counsel appearing on behalf of the parties, we quash the F.I.R. being CR No. 600/2008 at Satellite Police Station, Ahmedabad, registered against the petitioner herein.

The special leave petition stands disposed accordingly.

  (S. K. RAKHEJA)                      (MALA KUMARI SHARMA)
    COURT MASTER                           COURT MASTER