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Showing contexts for: telecasting in All India Anna Dravida Munmnetra ... vs L.K.Tripathi & Ors on 1 April, 2009Matching Fragments
3. On 3.10.2007, the petitioner filed this petition under Article 129 of the Constitution of India read with the 1971 Act and prayed that the respondents be punished for violation and disobedience of the Court's order dated 30.9.2007. The gravamen of the petitioner's allegation is that in complete disregard of the restraint order passed by this Court, the concerned political parties including Dravida Munnetra Kazhagam enforced the bandh in the entire State by ensuring that buses owned by the State Transport Corporation are kept off the road and shops and other business establishments remain closed; that 45,000 private buses were also not allowed to ply on that day; that shops and other business establishments were forcibly closed by the cadres of Dravida Munnetra Kazhagam party and that the State machinery did not take any action to ensure functioning of public transport system and opening of the shops etc. It is also the petitioner's case that even though 50,000 employees of the State Transport Corporation came forward to carry out their duties but they were prevented from entering the bus depots by the Depot Managers, Supervisor, etc. on the instructions of higher authorities and even the main gates of many bus terminals were closed and locked. To substantiate these allegations, the petitioner has placed on record the photographs collectively marked as Annexure P-5 and the telegrams which are said to have been sent by Shri K.K. Madeswaran, C. Sengottaiyan and M.A. Paneerselvam to Tamil Nadu State Road Transport Corporation, representation made by A.J. Selvaraj, Anna Trade Union Secretary, Radhapuram Taluk. In paragraph 14 of the Contempt Petition, it has been averred that several workers of Dravida Munnetra Kazhagam party moved in various vantage areas of the State with deadly and lethal weapons to ensure that no business or commercial activity was done on 1.10.2007 and whoever opened the shop was forced to down the shutters. It has been further averred that in Chennai, a restaurant at Arterial Mount Road was attacked and looted and many other shops and restaurants were ransacked and eatables were thrown out and bottles were broken, but the police remained mute spectators. In support of these averments, the petitioner placed on record copies of various newspapers. In paragraph 23, a reference has been made to the speech allegedly made by respondent No.6, Shri T.R. Balu, Union Minister for Shipping and Surface Transport, at the venue of the hunger strike on 1.10.2007 and it has been averred that the same was calculated to scandalize judiciary in general and order dated 30.9.2007 in particular. The relevant portions of the speech allegedly made by respondent no.6, which is said to have been published in the newspapers and also telecast on the television channels are extracted below:-
From this, I selected the portions in the speech of Mr. Baalu which were most objectionable and found appropriate to be telecast. Accordingly, the portions were selected and telecast in the news bulletin carried by the channel on 1.10.2007 at 7.30 PM and on 2.10.2007 at 7.30 PM. The portions of the speech as telecast on the news bulletins clearly show the speech made by Mr. T.R. Baalu and the objectionable statements made by him, the translations of which read as follows:
The news bulletins as telecast is submitted before this Hon'ble Court in the form of a DVD which is filed as Annexure A/1 to this affidavit."
In the last paragraph of his affidavit which is again marked as (f), Shri R. Thillai has stated as under:
"f. That I submit therefore that the original tape containing the speech of Mr. T.R. Baalu is not available.
Nevertheless, the news bulletins telecast by the channel containing the objectionable portions of his speech are presented before this Hon'ble Court."
31. Insofar as respondent no.6 is concerned, we find that the only material produced by the petitioner in Contempt Petition No. 262 of 2007 is in the form of zerox copies of newspapers and tape of the edited version of speech which is said to have been telecast on Jaya T.V. on 1.10.2007 and 2.10.2007. The petitioner in Contempt Petition No. 327 of 2007 has also produced zerox copies of some newspapers. In his first affidavit, respondent no.6 has claimed that the newspapers have reported something by putting in his mouth which he did not speak. In his second affidavit filed in the form of reply to the affidavits of S/Shri M. Ramasubramanian, S. Ravikumar and R. Thillai, respondent no.6 has alleged that what was telecast on Jaya T.V. was the doctored version of his speech. This being the position, the petitioners were duty bound to produce some primary evidence to prove the contents of the speech made by respondent no.6 scandalizing judiciary in general and this Court's order dated 30th September, 2007 in particular. The zerox copies of the newspapers in which the contents of speech made by respondent no.6 have been published cannot be relied upon because the petitioners have not filed affidavits of those who covered the meeting held by the political parties in front of Chepauk Guest House on 1.10.2007 and heard the speech made by respondent no.6. If such affidavits had been filed, respondent no.6 could have been called upon to explain his position. Likewise, the original tape containing telecast of the speech made by respondent no.6 has not been made available to the Court.