Contempt Petition (Crl.) Nos. 2 and 4A of 1994. Case: Rajeev Dhawan Vs Gulshan Kumar Mahajan. Supreme Court (India)

Case NumberContempt Petition (Crl.) Nos. 2 and 4A of 1994
JudgesR.M. Lodha, C.J.I., Anil R. Dave, Sudhansu Jyoti Mukhopadhaya, Dipak Misra and Shiva Kirti Singh, JJ.
IssueAcquisition of Certain Area at Ayodhya Act, 1993; Constitution of India - Articles 19(1), 129, 143(1), 356
Judgement DateJuly 23, 2014
CourtSupreme Court (India)


R.M. Lodha, C.J.I.

  1. As a result of the incidents at Ayodhya on 06.12.1992, the President of India issued a Proclamation Under Article 356 of the Constitution of India assuming to himself all the functions of the Government of Uttar Pradesh, dissolving the U.P. Vidhan Sabha. Initially, the Acquisition of Certain Area at Ayodhya Ordinance, 1993 (No. 8 of 1993) was promulgated. The said Ordinance was later on replaced by Acquisition of Certain Area at Ayodhya Act, 1993 (No. 33 of 1993) (for short, 'the 1993 Act'). On the same day, i.e. on 07.01.1993, when Act No. 33 of 1993 was enacted, Special Reference (being Special Reference No. 1 of 1993) was made to this Court by the President of India Under Article 143(1) of the Constitution of India. The constitutional validity of the 1993 Act and the maintainability of the Special Reference No. 1 of 1993 were being examined by the Constitution Bench of this Court. It is alleged that the Vishwa Hindu Parishad (VHP), which was banned at that time, held Dharam Sansad in the first week of April, 1994 and after the Dharam Sansad was over, its President, Vishnu Hari Dalmia and Joint General Secretary, Giriraj Kishore made certain derogatory statements concerning this Court in the news conference. The statements to the media made by Vishnu Hari Dalmia and Giriraj Kishore were published in Indian Express in its edition of 10.04.1994. Dr. Rajeev Dhawan, designated Senior Advocate filed Contempt Petition (Crl.) before this Court against Vishnu Hari Dalmia and Giriraj Kishore, President and Joint General Secretary of the Vishwa Hindu Parishad and Indian Express by invoking the jurisdiction of this Court Under Article 129 of the Constitution of India. It is averred that the statements made by Vishnu Hari Dalmia and Giriraj Kishore and published in Indian Express were malicious and tantamount to scandalizing this Court and lowering its authority. In the contempt petition, the Petitioner had drawn the attention to the following extracts from Indian Express news report:

    VHP warns SC not to 'exceed limits'

    Addressing to media persons here on Saturday Vishnu Hari Dalmia and Giriraj Kishore VHP President and joint general Secretary respectively assailed the apex Court for attempting to "arrogate the power of the executive.

    The Ayodhya issue had so far eluded a solution only because of the delay in pronouncing the judgment. "Justice delayed is justice denied".

    The judiciary has no jurisdiction over the Ram Janam Bhoomi "Kishore cautioned the court not to overstep its limits.

    He (Kishore) remarked that the Supreme Court had lost its prestige because of the delay in adjudicating the Ayodhya dispute.

    The above report in Indian Express is attributed to Express News Service.

  2. It is also averred that Giriraj Kishore also gave a statement in Khabardar India (11-17 April, 1994) that the Government influences the Court and quotes an anonymous Minister to have said, he has the Court in one pocket and leaders in another. The contempt petition also states that the news item in the Indian Express...

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