necessary
parties--Punishment.
Constitution of India, 1950, Art. 105-- Publication of
pamphlet prepared for impeachment of Judge--Pamphlet
containing scurrilous attack on Judge--If protected ... Scope of--If protect publication
of pamphlet constituting contempt of court.
HEADNOTE:
The State of U. P. filed an appeal in this Court against
Contempt of Courts Act 1977, Sections 5 , 13-Fair comments-
Publication of pamphlet by an Advocate imputing motives to a
Magistrate-Tests to judge ... revision in the High Court expired, the
appellant published a pamphlet. In the pamphlet imputations
of improper motive to the learned Magistrate in deciding
publication on March 22, 1987, a day prior to
the election, pamphlets containing a news item in daily
"Malayala Manorama" dated ... judgment.
Allowing the appeal, this court,
HELD: 1.1. As regards the pamphlets, the first respond-
ent in his election petition had relied upon an innuendo
meaning thereby
ignorance was pleaded so far as distribution of the
7
pamphlets was concerned. However, the appellant took a
specific stand that neither ... examined by the respondent No. 1 about
the distribution of Ext. X4 pamphlet in the
constituency
keeper at all relevant times of
the Bharati Press at Purulia, A pamphlet under
85
656
the heading "Sangram" was printed ... district of Manbhum. The Government of Bihar considered
that the pamphlet contained objectionable matter of the
nature described under section 4 (1) of the Indian
Court, for that they wrote and caused to be published a pamphlet containing scandalous and defamatory matter concerning a Bench of this Court ... Court directed that the opening statement, and the passages in the pamphlet complained of, should be read to both respondents in Urdu, although the proceedings
30th June, 1959, the appellant and Abhai Kumar published and distributed pamphlets containing imputation that the license held by Jagdish Chand to sell and prescribe ... been removed from the relevant register and that they had published the pamphlets and had distributed the same amongst their friends and relatives
case we have been obliged to await an officialised translation of the pamphlet which forms the subject of the charge, exceptions having been taken ... Penal Code, of defamation. The alleged defamatory imputations are contained in a pamphlet which the present appellant admittedly wrote as an answer to certain criticisms
accused is also alleged to have distributed on 19th March, 1963 pamphlets marked Exhibits P. 2 and P. 3 in Parade ground, Delhi ... 20th March, 1963, the accused is again alleged to have distributed pamphlets of the same kind in the Income-tax Depa- rtment, when
himself, and with his consent, by his agents and others, of the pamphlet (annexure I) at different places in the constituency during the second ... manner provided in Section 12 of the Limitation Act.
Secondly, whether the pamphlet (annexure 1) 25000 copies of which were admittedly printed by one Tikamchand
