Haridas Das vs Smt. Usha Rani Banik & Ors on 16 July, 2007
5. We have carefully gone through the articles published as also the cartoon. We find the manner in which the entire incidence has been projected appears as if the Supreme Court permitted itself to be led into fulfillling an ulterior motive of one of its members. The nature of the revelations and the context in which they appear, though purporting to single out former Chief Justice of India, tarnishes the image of the Supreme Court. It tends to erode the confidence of the general public in the institution itself. The Supreme Court sits in divisions and every order is of a Bench. By imputing motive to its presiding member automatically sends a signal that the other members were dummies or were party to fulfilll the ulterior design. This we find most disturbing. There is sufficient case law on the subject and we need hardly add any further material to it. Suffice it to say, the Supreme Court in Haridas Das v. Smt. Usha Rani Banik and Ors. Civil Appeal No. 7948 of 2004, has clearly laid down the 'Laxman rekha' which we feel the publications have crossed. The publications in the garb of scandalizing a retired Chief Justice of India have, in fact, attacked the very institution which, according to us, is nothing short of contempt. We, therefore, hold Mr. M.K. Tayal, Editor Mid Day, Mr. S.K. Akhtar, Publisher, Mrs. Vitusha Oberoi, Resident Editor and Mr. Md. Irfaan Khan, the Cartoonist, guilty of contempt of court. The matter to be listed on September 21, 2007, when the contemnors shall be present to be heard on the question of sentence.