M.R. PARASHAR AND ORS. versus DR. FAROOQ ABDULLAH AND ORS.

M.R. PARASHAR AND ORS. versus DR. FAROOQ ABDULLAH AND ORS.

On the material placed on record, it is not possible to record a positive finding, beyond reasonable doubt, that the Chief Minister made the statements as alleged. Word stands against word, with no contemporaneous record or corroborating evidence to resolve the conflict. Therefore, the petitioners have not established criminal contempt to the necessary standard of proof.

Parties
Petitioner: M.R. Parashar and Ors.; Respondent No. 1 (chief Minister of Jammu and Kashmir): Dr. Farooq Abdullah; Respondent No. 2 (editor, Daily Kashmir Times): Editor, Daily Kashmir Times (Respondent No. 2); Respondent No. 3 (correspondent, Daily Kashmir Times): Correspondent, Daily Kashmir Times (Respondent No. 3)
Jurisdiction
India
Judgment Date
31 January 1984
Procedural Posture
Contempt Petition Under Article 129 of the Constitution of India Read With Section 15 of the Contempt of Courts Act, 1971 / Final Decision by Supreme Court of India
Outcome
Petition dismissed.
Legal Topics
Criminal Contempt, Freedom of Speech and Expression, Scandalising the Court, Standard of Proof in Criminal Contempt, Role of Judiciary and Media
Constitutional Law Criminal Law Criminal Contempt Freedom of Speech and Expression Scandalising the Court Standard of Proof in Criminal Contempt Role of Judiciary and Media

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

M.R. Parashar and Ors.

Petitioner

Dr. Farooq Abdullah

Respondent No. 1 (chief Minister of Jammu and Kashmir)

Editor, Daily Kashmir Times (Respondent No. 2)

Respondent No. 2 (editor, Daily Kashmir Times)

Correspondent, Daily Kashmir Times (Respondent No. 3)

Respondent No. 3 (correspondent, Daily Kashmir Times)

Procedural Posture

Contempt Petition Under Article 129 of the Constitution of India Read With Section 15 of the Contempt of Courts Act, 1971 / Final Decision by Supreme Court of India

Legal Issues

  1. 1 Whether the statements published in the newspaper amounted to contempt of court by the Chief Minister of Jammu and Kashmir.
  2. 2 Whether the requisite proof for criminal contempt was established.

Ratio Decidendi

On the material placed on record, it is not possible to record a positive finding, beyond reasonable doubt, that the Chief Minister made the statements as alleged. Word stands against word, with no contemporaneous record or corroborating evidence to resolve the conflict. Therefore, the petitioners have not established criminal contempt to the necessary standard of proof.

Court Disposition

Petition dismissed.

Orders

  • Contempt petition dismissed.