Need help- "contempt of court"
Prabhas Saxena
(Querist) 09 January 2014
This query is : Resolved
Respected Seniors,
i have a client wo is alleged of a crime, and the matter is pending before bfore the sessions court and he's in Judicial custody, hence the matter is clearly "Sub-Judice".
A local newspaper's editor came to me, being his advocate, but his discussions seemed to be a part of blackmail for yellow journalism, hence i avoided his.
After few days i found that newspaper doing extensive negative coverage of my client, and that too on literally, insane and foolish grounds, saying that 'sources' told him!
I researched the matter in Aiyer's book of contempt of court, and found tons of citations pointing that when a matter is sub judice, section 3 of contempt of court act, 1971 bar's any publication,etc on that matter if it can directly influence & prejudice the vision of the court. The only defense is of 'truth' & 'fair or innocent publication', which is not the case here.
also its a matter of defamation.
I have made a draft for private complaint to the magistrate, but i want help at few points:-
1. Does sessions court of one district, have jurisdiction over the contempt of court of another district?
2. As the act is accompanied with malafide intention, hence a criminal contempt(not civil), i would have to file the case in the respective court under which the residence of the complainant falls, or else..
please give suggestions on unasked & unknown points also.
Thanking all helpful seniors in advance, for assistance in the first case of my life :)
Prabhas Saxena
(Querist) 09 January 2014
Note: prosecution's case is weak.
Prabhas Saxena
(Querist) 09 January 2014
Note: prosecution's case is weak.
Prabhas Saxena
(Querist) 16 January 2014
Thanks to my seniors for their suggestions.
I would urge to other experts for their help in a bit detail.
Also help me if any strong citation is present there, when media(or advertisements) got charged with sections 415-420(Of cheating) IPC for publishing/broadcasting unauthentic & unverified wrong informations to its viewers.
Thank You in advance.
V R SHROFF
(Expert) 17 January 2014
you need to search citation yourself, try manu patra, or indiakanoon
