New Delhi, September 22, 2007 – Sentence to four journalists including one Publisher of Mid Day daily against the contempt for carrying wild allegations against former Chief Justice of India Y K Sabharwal in their paper is not considered to be a good sign in future, as per Dr. Raj Baldev, Cosmo Theorist, a renowned Journalist and former member of Press Council of India, who told the media people demonstrating outside the High Court.
 
“The journalists know better that there are certain ethics and propriety that they must maintain and they should have apologized in the honorable court for having carried such wild allegations, Dr. Raj Baldev, said. While answering the question, he said, “the journalists look to have acted in over excitement while carrying such an article not realizing that it could adversely affect the highest reputation of the judiciary."

Dr. Raj Baldev added that the sole ground that the law allowed truth as a defence against contempt does not sound well in this case, particularly when it crosses the boundary of their own self discipline, they should have known that Judiciary enjoys special privileges in the Constitution of India and to maintain the respectability of this highest judicial forum is the duty of every citizen of this country."

“Moreover, the article did not carry the balance, while making such big allegations that too against the former head of the Judiciary. He said, “ I wish this sort of confrontation between the two democratic forums should not have happened, or at least should not happen in future,” he said.

A Bench comprising Justice R S Sodhi and Justice B N Chaturvedi said: "In view of the fact that they neither seek an apology nor do they opt to argue (on the quantum of sentence) and reiterate their stated stand which has tarnished the image of the highest court, a four-month imprisonment would serve the ends of justice."

The sentence was however deferred in view of the Supreme Court order two days ago directing the HC to grant bail to the Mid Day staffers if they were sentenced to jail.

Prior to the announcement of the sentence, the counsel for the journalists spurned the Bench’s offer to argue on the quantum of sentence. He maintained that "all the articles were based on truth and truth is an explicit defence under the Contempt of Courts Act".

The four who have thus been convicted and sentenced are editor Vitusha Oberoi, city editor M K Tayal, printer and publisher S K Akhtar and cartoonist Irfan Khan.

They were present in the court when the sentence was pronounced and have been asked to furnish a personal bond of Rs 10,000 each and two sureties of the same amount for bail.

The staid premises of the court witnessed the unusual sight of journalists holding a demonstration, carrying placards and gagging their mouths in protest.

The sentence followed the conviction which was announced on September 11, holding the Mid Day staffers guilty for crossing the apex court-laid ‘Laxman rekha’ by publishing a series of articles in the paper alleging that the orders passed by Justice Sabharwal in the high-profile Delhi sealing case benefited the companies of his sons.

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