The Supreme Court Friday stayed the Delhi High Court order sentencing four employees of tabloid Mid Day to jail for publishing news reports about former chief justice YK Sabharwal. The apex court stayed the high court's September 21 ruling sentencing two journalists, a cartoonist and the publisher of the tabloid to four months imprisonment each for contempt of court following news reports suggesting that Justice Sabharwal, as the Chief Justice, had passed orders favouring his sons, who are close associates of mall developers, during the sealing of commercial property in the capital.
Those sentenced were the resident editor Vitusha Oberoi, city editor MK Tayal, publisher AK Akhtar and cartoonist Irfan Khan. The Supreme Court's order means that the journalists will not be sent to jail until the matter is finally decided by the apex court.
Representing the petitioners — who included senior journalist Prabhash Joshi and writer activist Aruna Roy — senior advocate Anil Diwan said the conviction and sentencing of the journalists for publishing what they believed to be the truth sent out wrong signals to the society besides being an assault on the press freedom.
Arguing the journalists' case, senior advocate Shanti Bhushan said the high court's order is "unjustified and unreasonable" because "truth is an explicit defence under the Contempt of Court Act".
The issue has agitated the public mind ever since the Delhi High Court held convicted the journalists for the contempt of court on September 1. The High Court had taken suo motu cognisance of a series of articles in May this year alleging that the two sons of former Chief Justice YK Sabbharwal, who are involved in the construction of malls had directly benefited from his orders to seal shops and offices in residential areas of Delhi.
While convicting the four journalists of Mid Day in the case, a high court bench had remarked: "The publications in the garb of scandalising a retired chief justice of India have, in fact, attacked the very institution, which according to us, is nothing short of contempt"
As the High Court passed the order in suo motu contempt, the Supreme Court bench, comprising Justices Arijit Pasayat and P Sathasivam, appointed senior counsel TR Andhyarujina amicus curiae, and directed that the appeals be listed for hearing on January 16, 2008.
