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Showing contexts for: contempt truth in Advocate General, Andhra Pradesh vs D. Seshagiri Rao on 17 September, 1965Matching Fragments
We follow this decision with respect, and hold that the scandalous and scurrilous imputations which amount to contempt of court do not cease to be so merely because they are contained in a notice preceding a proposed suit or legal action.
25. In regard to the third contention, the argument on behalf of the respondent is that the observation of the High Court in Criminal Appeal No. 266 of 1961, that there was no notification under Section 6 of the Act would have been a complete answer to the prosecution case. It was urged that the Additional Sessions Judge did not care even to refer to that judgment, even though a carbon copy of it was produced before him. In order to support this allegation. Sri Suryaprakasarao filed the affidavit already referred to. We have no reason to disbelieve the statement of a Senior Advocate like Sri Suryaprakasarao. But that circumstance is of no relevance in the present context. The question here is not whether in spite of a reference to that judgment the learned Additional Sessions Judge failed to refer to it or follow it. The prejudice and illegality resulting therefrom can always be remedied by approaching the higher court, and in fact in this case, this court reversed the judgment of the Additional Sessions Judge But that circumstance would not in any way, justify the making of a scurrilous attack against the officer concerned. The learned Additional Sessions Judge has given a number oi reasons for the conclusion he arrived at and he might not have thought it necessary to refer to the admission ot the Public Prosecutor in the High Court that there was no notification under Section 6 of the Act. That circumstance by itself would not justify imputing bias, dishonesty, etc to the officer. Further, in a proceeding for contempt, truth is no defence at all. In the earlier case against this very respondent viz., ILR (1959) Andh Pra 1282 (1288), Chandra Reddi C. J. observed thus: