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Rajeev Dhawan v. Gulshan Kumar Mahajan

Contempt Petition (Criminal) · Neutral citation not assigned (Contempt Petition (Criminal) No. 2 of 1994)Decided 23 Jul 2014
Contempt Petition (Criminal) No. 2 of 1994
Chief Justice R.M. Lodha · Justice Anil R. Dave · Justice Sudhansu Jyoti Mukhopadhaya · Justice Dipak Misra · Justice Shiva Kirti Singh

Background

Rajeev Dhawan sought contempt proceedings over statements attributed to VHP leader Giriraj Kishore about the Supreme Court during the Ayodhya litigation and their publication in newspapers. Proceedings initiated in 1994 remained dormant for nearly twenty years. When they resumed, Kishore was ninety-six and seriously impaired by age and illness.

Decision Breakdown

The Constitution Bench closed the contempt matters in the particular procedural and medical circumstances, without determining that the statements were lawful. Although the allegations were serious, the notice containing the charges directed in 1994 had still not been served on Kishore, and he could no longer respond effectively. The Court declined to revive the prosecution after such a long delay. Since it would not pursue the author of the statements, it also closed proceedings against the Khabardar India editor and reporter, who had tendered unconditional apologies. The Court had not taken cognizance against the Indian Express respondents.

Lesson Learnt

Even a serious contempt allegation needs proper notice and a meaningful opportunity to answer. This case's exceptional delay and incapacity justified closure, without approving the disputed statements.

Official source (sci.gov.in)View Judgment (PDF)

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