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1986 DIGILAW 177 (BOM)

Rajan Narayan & others v. N. R.

1986-06-16

G.D.KAMAT, G.F.COUTO

body1986
JUDGMENT - G.F. COUTO, J.:---These proceedings for contempt were initiated suo motu by this Court in view of a letter published in the newspaper "Herald", issue of 23rd April, 1986, under the caption "Justice---Goan Style", for the contents of the said letter together with the caption which was printed in very bold letters, were likely and apparently meant to lower the authority of this Court. 2. A notice to show cause why contempt proceedings should not be taken up against them was issued by this Court to the contemners and in reply, the contemner Prof. Miss Anne Menezes appeared in person, being also represented by Counsel, and the original contemners Nos. 1 and 2 through Counsel only. All the said contemners filed their unqualified apologies in writing, and in addition, the contemner Prof. Menezes personally tendered her apologies. The learned Counsel appearing for the said three contemners further stated that unqualified apologies would be published on behalf of the contemners on the front page of the aforesaid newspaper. The contemner Rajan Narayan's Counsel added that the publication of the letter was ordered not by him, but by the Sub-Editor. In view of this last statement made on behalf of the contemner Rajan Narayan, we abstained from deciding the case at that stage and ordered a notice to be issued to the Sub-Editor of the said newspaper to show cause why contempt proceedings should not be initiated against them. 3. Today, all the contemners are personally present in Court, apart from being duly represented by their Counsel. They personally tendered unqualified apologies to this Court, their Counsel having produced the issues of the newspaper 'Herald' with the publication of the apologies on the front page. These issues are ordered to be kept on record. 4. As regards Prof. Miss Menezes, we may record that in response to the show cause notice, she personally appeared in Court and tendered unqualified apologies. She also, once again, apologized today to this Court and got published her unqualified apologies on the front page of the 'Herald', issued dated 3rd May, 1986. We are satisfied that the contemner Prof. Menezes is truly and genuinely repentant and the apologies tendered by her are sincere. We, therefore, finding her apologies to reflect a true, sincere and genuine regret for the evil committed, are inclined to accept them. 5. We are satisfied that the contemner Prof. Menezes is truly and genuinely repentant and the apologies tendered by her are sincere. We, therefore, finding her apologies to reflect a true, sincere and genuine regret for the evil committed, are inclined to accept them. 5. So far as the contemners Rajan Narayan, A.C. Fernandes and Frederico Noronha are concerned, we regret to be constrained to record that several times we came across letters, news item and even editorials published in the newspaper 'Herald' which, ex facie, were likely to lower the authority of this Court and apart from being scandalous, amounted to an interference in the administration of justice. Though these publications were fully justifiying action for contempt, we decided to ignore them, giving to the said contemners the benefit of doubt. It is, therefore, in this background that the conduct of the said contemners, specially of the contemner Rajan Narayan, and their tendering apologies have to be looked into. Indneed, the mere tendering of apologies without sincere, true and genuine repentance is meaningless for they will constitute empty and hollow words which are only meant to avoid the consequence of the contempt. Such apologies, as observed by Mr. Justice Vivian Bose, are not apologies at all and are not, therefore, to be accepted. The aforesaid contemners have however, as we already observed, not only tendered their apologies personally, but they also published them on the front page of the newspaper 'Herald'. Though we are not sure as to whether or not the said contemners are truly repentant, we are nonetheless giving them, once again, the benefit of doubt and therefore, accepting their apologies as sincere and true. 6. The result is that though we hold the contemners, Prof. Miss Anne Menezes, Rajan Narayan, A.C. Fernandes and Frederico Noronha guilty, we do not think it necessary to proceed further with the case in view of the unqualified apologies tendered by them. We, therefore, accept, this time, the said apologies and consequently, drop the proceedings. Notice discharged. Order accordingly. -----