ICT-BD [ICT-21] Miscellaneous Case No. 01 of 2014
Order: 02 December 2014
or investigation agency does have right to bring it to notice of the
Tribunal. Besides, there has been no explicit clog, either the Act of 1973
or the ROP, in bringing any such contemptible act or conduct by any
individual, to the notice of the Tribunal.
31. Fourth, the applicant, as we perceive, has come forward with the
application, as a conscious citizen, being felt wounded by the comments
made in the alleged articles which he considers gravely deprecating for
the judiciary and administration of justice. Since an individual does
have right to freedom of expression and speech including the right to
post judgment criticism, another individual also does have right to come
forward with his protest against any ‘expression’ of the former to get it
remedied, to resist imputation of any kind directing the administration
of justice.
32. At para 16 of the decision in the case of S. Mulgaokar vs.
Unknown, 1978 AIR 727 it has been observed too that“But, when there appears some scheme and a design
to bring about results which must damage
confidence in our judicial system and demoralize
Judges of the highest court by making malicious
attacks, anyone interested in maintaining high
standards of fearless, impartial, and unbending
justice will feel perturbed”
33. The applicant thus does have locus standi in bringing the instant
application as he seems to have felt ‘perturbed’ with the malicious
attacks that he considered disparaging in the mind of the public in
respect of confidence upon the judicial system of the Tribunal.
Therefore, merely treating the applicant a third party the application
intending to bring notice of the Tribunal about the alleged articles
containing criticism on subjudice matter and post judgment criticism
cannot be thrown on air, accepting argument agitated by the learned
defence counsel.
34. The alleged ‘articles’ circulated in personal blog have been brought
to notice of the Tribunal by the applicant. The application has thus acted
as the source of ‘coming into Tribunal’s notice’ about the impugned
articles. And on having notice of the same, the Tribunal proceeded
examining the contents of the articles pursuant to which the contempt
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