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J U D G M E N T K. Ramaswamy, J.

In a clash of competing interests in constitutional contours, this case calls to strike a balance between the freedom of speech and expression, a salutary right in a liberal democratic society and paramount countervailing duty to maintain public confidence in the administration of justice. The petitioner has initiated public interest litigation under Article 32 of the Constitution to direct Sri P.V. Narasimha Rao, the President of Indian National Congress and the former Prime Minister of the country to pay a sum of Rs.8.29 lakhs and odd said to be due to the union of Indian for use of Indian Air Force aircraft or helicopters from October 1, 1993 to November 30, 1993. When writ Petition No. 432/95 was posted for hearing on July 17,1995 before the learned Chief Justice of India and brother Justice S.C. Sen the solicitor General for India, Shri Dipankar P. Gupta was sent for and the Court directed him to have the averments verified to be correct and directed the petition to be listed after two weeks. On August 7,1995, the writ petition came before the Bench comprising the learned CJI, Justice S.C. Sen and Justice K.S. Paripoornan. It is not in dispute that the Solicitor General had placed the record before the Court and upon perusal thereof and after hearing the petitioner-in-person, the Bench summarily "dismissed"" the writ petition which had triggered the petitioner to file yet another writ petition, this time against the learned Chief Justice of India, Justice A.M. Ahmadi. The Registry raised objections for its maintainability but, at eh insistence of the petitioner, it was posted, with office objections, for hearing, as unregistered Writ petition (c) NO. -17209/95 on January 13,1996 before a Bench of three learned Judges, viz. Justice J.S. Bharuchal. The petitioner, again appearing in person, persisted to justify the averments made against the learned CJI, Justice A.M. Ahmadi in the writ petition. In spite of the Court having pointed out that the averments were scandalous, the proceeding of the Court did indicate that the petitioner reiterated that he "stood by the averments made therein" and sought for declaration [1] that Justice A.M. Ahmadi is unfit to hold the office as Chief Justice of India; [2] that he should be tripped of his citizenship; [3] to direct registration of an FIR against him under various provisions of Indian penal Code for committing forgery and fraud and under the prevention of Corruption Act; (4) to direct prosecution of him under the prevention of Corruption Act; (5) to direct him to defray from his personal pocket the expenses incurred by the petitioner in filing the two writ petitions, i.e., W.P. No. 432/95 and the second writ petition; (6) to direct justice A.M. Ahmadi to reimburse from his pocket to the public exchequer the entire loss caused to the State,. as a consequence of non-payment of the dues by Sri P.V. Narasimha Rao with interest at 18% per annum and (7) other consequential directions.

xiv) Page 9 prayer

(a) Declare the respondent unfit to hold office as chief Justice of India;

(b) Strip the respondent of his citizenship;

(c) Direct the registration of an F.I.R. against the respondent under the Indian penal Code for committing forgery and fraud;

(d) Direct the respondent's prosecution under the prevention of corruption Act.

The alleged contemnor filed written submissions in reply to the contempt notice. His first submission was that the Bench which had heard and dismissed the second writ petition had been constituted by the respondent, who had thereby become a judge in his own cause. The second writ petition was, accordingly, not listed before a court, competent to dispose it of, so that the order of its dismissal was non est, and it was still deemed to be pending. The contempt notice was, therefore, premature. The written submissions then dealt with the portions of the second writ petition which had been indicated in the contempt notice and reiterated the same, except only that it was submitted that the allegation about fabrication of the court proceedings of 7th August, 1995, was "somewhat unhappily would". It was submitted thereafter that the contempt of Courts Act was a legacy of British imperialism and, while appropriate to a "banana republic", was imcompatible with a democratic, people's polity; it was a law-less law because it fused the offices of the prosecutor and the judge and "belongs with the infamous Spanish inquisition". After his signature at the foot of the written submissions, the alleged contemnor added in hand, "N.B. If some passages seem strident or pungent, the defendant is willing to suitably modify them."

Imputations in Prayer (b) and (c) read as under:

"(b) strip the respondent (Justice A.M. Ahmadi) of his citizenship";

and (c) Direct the registration of an FIR against he respondent (Justice A.M. Ahmadi) under the Indian Penal Code for committing forgery and fraud."

In his preliminary submissions, he has stated with regard to stripping of citizenship of CJI that "this may have been the consequence of the constitution bench affirming the view taken by the Calcutta High Court cited earlier. Moreover, this is only a prayer for relief sought, which does not fall within the mischief of the Contempt of Courts Act." With regard to prayer (c) he states thus: "the plea taken in relation to (xiv (b). Now, in the modified statement, he seeks to withdraw them and states "May kindly be treated as deleted". It would, thus, be clear that his asking for stripping of the citizenship of the Chief Justice of India is for dismissing his writ petition and prosecution is the consequence of a decision of this Court which had affirmed the judgment of the Calcutta High Court in Fazalul Haq's, Chief Minister, Bengal's case.