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1983 (5) TMI 215
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....aswamy for the Contemner. P.M. Kumaraswamy @ Kailaimannan was present in person. The Judgment of the Court was delivered by CHANDRACHUD, C.J. While special leave petition No. 9661 of 1981 (National Textile Workers' Union v. P.R. Ramakrishnan) was being argued before a five Judge Bench on September 8, 1982, Shri G. Vasantha Pai, who was appearing on behalf of the respondents, drew the attention of the Court to certain statements which had appeared in the Press under the name of one P.M. Kumaraswamy alias Kailaimannan. On a petition presented by Shri Pai on behalf of one R. Baba Chandresekhar under the Contempt of Courts Act, 1971, the Court issued a notice to P. Kumaraswamy asking him to show cause why he should not be committed for committi....
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....stand that my writings created an impression in the mind of this Hon'ble Court that the articles are contemptuous in nature. I am therefore submitting my sincere and honest apology to this Hon'ble Court and also to Mr. Justice Gokulakrishnan, Mr. Justice Ramanujam, Mr. Justice Shunmugham of the Madras High Court and I am extremely sorry for writing the impugned article. I further undertake not to write anything against the Madras High Court Judges in my journals 'Sigappu Nada' and International Chronicle' in future. I also undertake to publish the text of this affidavit in the above said two journals." How hollow and unmeaning the apology was, is clear from the fact that within 10 days after submitting the apology to this Court, the c....
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....nuously. How can the corruption of a Judge be proved in the Supreme Court. Only if C.B.I. enquiry is ordered on the counter filed by me, truth will be known. For that, Supreme Court has not done anything and it is the highest Court. I have written to the Secretary, Home Department, Central Government, seeking for permission to file complaints against two Judges regarding corruption charges. As soon as sanction is given, I will file the case against the two Judges in Court and I will prove that those corruption news published by me are true only. If I do not prove those charges, it will not be conducive to my self-respect." The apology tendered by the contemner to this Court on March 30 was thus a mere device to escape punishment....
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....and malicious person like the contemner could have borrowed the support of some disgruntled litigants of his own feather to aid and abet him. Even then, in order to test the bona fides of the contemner, we asked him to furnish to us a list of the names of persons, particularly advocates, whose affidavits he proposed to file in support of the charges of corruption levelled by him against the High Court Judges. He did scribble a few names in our presence but that was the end of the matter. He conveniently forgot all about his tall claim that he will be able to get the affidavits of even practising lawyers in support of his case. It is clear that the contemner was only trying to trick the Court into believing that he is not a lone fighter in h....
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....the fact that the contemner is acting at the behest of undisclosed principals is not an extenuating circumstance. Indeed, many hirelings are equally despicable, since they charge their price for blackmail. We hold that the conduct of the contemner constitutes serious interference with the course of justice. He has exhibited a dogged determination to pursue the four Judges of the High Court, come what may. He is not sorry for his ways. He is sorry that he was even apparently sorry. Perhaps, having charged his price, he has to play to the tune of his masters. Very often, contemners are so contemptible that it is useless to take any serious notice of their conduct. We are compelled to take action in this case because nothing else will stop ....