SC asks J&K court to proceed against NGO, others

The Supreme Court today directed a trial court of Jammu and Kashmir to proceed with a matter against NGO 'Transparency International India (TII)' relating to a media report on alleged corruption in lower judiciary.
A bench headed by Chief Justice J S Khehar asked the judicial magistrate-first class to proceed in "accordance with law" in the matter in which the lower court had sought the presence of officials of TII, Centre for Media Studies (CMS) and others to respond to the show cause notices issued against them earlier.
The matter relates to a report of a survey conducted by the global anti-corruption NGO and on the basis of which a Jammu and Kashmir-based newspaper had published an article on alleged corruption in lower judiciary in the state.

"In view of the above, while disposing of the writ petition, we direct the officer holding the charge of judicial magistrate first class to proceed with the matter in furtherance of the original show cause notice dated May 4, 2006," the bench, also comprising Justices D Y Chandrachud and S K Kaul, said.
The bench agreed with the contention of senior counsel Jayant Bhushan, representing TII and CMS, and said the judicial magistrate had "absolutely no jurisdiction" to pass the order to ensure presence of the petitioners before it.
"We, however, are satisfied in accepting the arguments that the judicial magistrate has absolutely no jurisdiction to pass the impugned order whereby it attempted to enforce presence of the petitioners...In order to respond to the first order dated May 4, 2006," the bench said.

During the hearing, Bhushan argued that the magistrate

was not competent to initiate contempt proceedings against them as he only had the power to refer it to the high court.
He said the order initiating contempt proceeding was beyond the jurisdiction of judicial magistrate and "at best he could have made a reference to the high court".
Bhushan said that both TII and CMS had responded to the show cause notices but they had not appeared before the court.
He also argued that TII as well as CMS were not at all connected with the newspaper or its publisher and they had not even seen the news article on the basis of which the lower court had initiated action against them.

The apex court, in its order, noted that assertions in the report were made against the lower judiciary of Jammu and Kashmir and "it was clearly open to any member of the lower judiciary" to take note and subsequent action as per the law.
"We may clarify that the term 'of a subordinate court' used in section 15(2) of the 1997 Act could well contemplate a situation where simultaneously contempt is committed for more than one count and in such an eventuality, any such court can take action and make reference to the high court," the bench said.
The judicial magistrate had passed order under provisions of the Contempt of Courts Act, 1997 and under various provisions of the Ranbir Penal Code, including 499 and 500 (criminal defamation), against TII, CMS and others.

The lower court had thereafter in July 2006 issued notices asking them to appear through authorised representatives to answer the material questions.