Case Note & Summary
The case involves a reference under Section 15(2) of the Contempt of Courts Act, 1971, made by Shri B.M. Khodade, the then Deputy Charity Commissioner, Pune Region, against Shri Kumar Saptarshi (respondent). The background is that a Scheme Application No.28 of 2000 under Section 50-A(1) of the Bombay Public Trusts Act, 1950, was pending before the Deputy Charity Commissioner. After evidence and arguments, the scheme was finalized on 29/3/2001. On 17/4/2001, the respondent held a press conference at Pune, where he allegedly made reckless and unfounded allegations against the Deputy Charity Commissioner. The press conference was reported in Marathi newspapers like Sakal, Loksatta, and Lokmat. The respondent, along with others, alleged that the Deputy Charity Commissioner had illegally removed the secretary of the trust (Maharashtra Girl's Education Society) and appointed a new one. The respondent's wife, Smt. Urmila Saptashri, was the secretary of the trust. The reference was made by the Deputy Charity Commissioner, who was the petitioner. The court examined whether the statements amounted to criminal contempt. The court noted that the respondent was not a party to the scheme application and that the allegations were about the administrative conduct of the Deputy Charity Commissioner, not about his judicial functions. The court held that the statements did not interfere with the administration of justice and were made in public interest. The court dismissed the reference, finding no contempt.
Headnote
A) Contempt of Court - Criminal Contempt - Scandalous Allegations - Section 15(2) Contempt of Courts Act, 1971 - The respondent made allegations at a press conference that the Deputy Charity Commissioner had illegally removed the secretary of a trust and appointed a new one. The court held that the statements did not amount to contempt as they were not directed against the court or its officers in the discharge of judicial functions, and did not interfere with the administration of justice. The allegations were made in public interest and not with the intent to scandalize the court. (Paras 1-10) B) Contempt of Court - Press Conference - Public Interest - The court considered that the press conference was held after the scheme was finalized and the respondent was not a party to the proceedings. The statements were about the conduct of the Deputy Charity Commissioner in his administrative capacity, not judicial. The court held that criticism of a public officer in the discharge of his duties, if made in good faith and in public interest, does not constitute contempt. (Paras 5-10)
Issue of Consideration
Whether the statements made by the respondent at a press conference alleging corruption against the Deputy Charity Commissioner constitute criminal contempt of court under the Contempt of Courts Act, 1971.
Final Decision
The court dismissed the reference, holding that the statements made by the respondent did not constitute contempt of court. The allegations were about the administrative conduct of the Deputy Charity Commissioner and did not interfere with the administration of justice.
Law Points
- Contempt of Court
- Scandalous Allegations
- Press Conference
- Administration of Justice
- Public Interest
- Section 15(2) Contempt of Courts Act
- 1971
