The Hindu : Judges episode: Court stays proceedings against <I>The Hindu </I>

Online edition of India's National Newspaper
Tuesday, Mar 30, 2004

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National

Judges episode: Court stays proceedings against The Hindu

By J. Venkatesan

NEW DELHI, MARCH 29. The Supreme Court today stayed all further proceedings against The Hindu initiated by Justice N.S. Veerabhadraiah, sitting Judge of the Karnataka High Court, claiming Rs. 1 lakh as damages for publishing reports relating to the `Mysore Judges episode,' allegedly defamatory to him.

A three-Judge Bench, comprising the Chief Justice, V.N. Khare, Justice G.P. Mathur and Justice S.H. Kapadia, stayed the proceedings on a transfer petition after hearing K.K. Mani, counsel for the petitioners and issued notice to Mr. Justice Veerabhadraiah.

The petitioners are: Satyamurthy, Reporter; V.V.K. Mani, formerly Printer (now consultant); S. Rangarajan, formerly Publisher and now Managing Director of The Hindu ; and Kasturi and Sons, proprietors of The Hindu , who sought the transfer of a suit filed by the Judge from the Bangalore City Civil Court to a court outside Karnataka.

According to the petitioners, Mr. Justice Veerabhadraiah had filed nine defamation suits against newspapers, including The Hindu , claiming damages on the ground that his name was linked to the "Mysore episode" without any basis.

They contended that The Hindu's coverage of the controversy involving the Judges of the High Court had been in keeping with its respect for the authority and dignity of the judiciary. All the reports had been fair and balanced and none of them could be construed as amounting to scandalising the court and bringing the administration of justice into disrepute.

They said that even while publishing reports, which had appeared in a section of the Press, The Hindu had taken care to prominently publish the denial of the Commissioner of Police, Mysore, and the statement of the Registrar-General of the High Court. Further, these reports did not relate to any judicial proceedings, civil or criminal, and it also did not reflect on the conduct of any judicial officer in respect of judicial functioning and integrity and, hence, it could not be said that such publications interfered with the administration of justice in any way.

Since the plaintiff before the civil court was a sitting High Court Judge, it would be difficult for them to defend the case before the City Civil Court judge and, in the interest of justice, the suit should be transferred to a court in any other State, the petitioners said and sought a direction in this regard.

In November last, the Supreme Court had stayed the contempt proceedings initiated by the Karnataka High Court against several newspapers pursuant to the publication of certain news reports pertaining to the "Mysore episode."

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