For afore-stated reasons, we hold that subject to
above parameters, postponement orders fall under Article
19(2) and they satisfy the test of reasonableness.
48. The contempt proceedings are quasi-criminal
in nature and the Court must be satisfied about the
contemnor’s guilt beyond reasonable doubt. We would
also like to hasten to add that the person cannot be
permitted to comment upon the conduct of the Court in
the name of fair criticism, which, if not checked, the
same would be detrimental to the institution itself. The
role of the Court is to maintain the majesty of law and to
permit reasonable criticism.
49. The print media integrates/assimilates people
and harmonizes their living. It moulds opinion and also
induces changes. The role of Press is also to generate
healthy debate and discussion. India is one of the 10th
largest publishers of the newspapers. Indian Press has
played a very important role in the country’s struggle for
freedom. The reporting must be error free, actual and
based on factual information. It should be objective and
interpretive in order to reach the truth and significant
facts and separate truth from falsehood. The
Journalist’s views should be without prejudice. There
should be clarity of expression. He has to undertake
research. He, as a sociologist, has to feel the pulse of the
society to usher new era. He has to garner public
opinion against the evils in the society and how to
eradicate them. In order to ensure that there is accurate
reporting of the court proceedings, the
Journalists/Reporters should be well conversant with
the legal terms and are expected to peruse the
judgments/orders of the Courts of law. Fearless and
independent press is essential to strengthen and nurture
the democracy.
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA.
COPC No.888 /2015
Decided on: 4.12.2015
Court on its own motion. …Petitioner.
Versus
Kuldeep Chauhan. …Respondent.
Coram:
Hon’ble Mr. Justice Rajiv Sharma, Judge.
Hon’ble Mr. Justice Sureshwar Thakur, Judge.
