SUPREME COURT OF INDIA

Before:- A.S. Anand, CJI., S.P. Bharucha and B.N. Kirpal, JJ.

W.P. (C) No. 319 of 1994 with W.P. No. 345 of 1994, SLP No. 3608 of 1985, C.A. No. 6014 of 1994, W.P. (C) No. 104 of 1997, T.C. (C) 35/95. D/d. 22.7.1999.

Narmada Bachao Andolan - Petitioner

Versus

Union of India & Ors. - Respondents

Contempt of Courts Act, 1971 - Narmada Bachao Andolan - Freedom of Press - From the statements, the press releases, the article and portions of the Book - Prime-facie, it appears to us that there is a deliberate attempt to undermine the dignity of the Court and to influence the course of justice - These writings, present a rather one sided and distorted picture have appeared inspite of our earlier directions restraining the parties from going to the press, etc. during the pendency of the proceedings in this Court.

[Para 4]

JUDGMENT

1. By our order dated 7th May, 1999, we had directed this case, along with the suit filed by the State of Madhya Pradesh, to be put up for directions and orders today and that, in case the Bench was not sitting, it would be specially constituted. This Bench has now been specially constituted for these cases by order of the Chief Justice.

2. At the outset, our attention has been drawn to certain statements, press releases, interviews, etc. given by the petitioners themselves or by some others under the aegis of the petitioner - Narmada Bachao Andolan. Copies of some of those statements, etc. have been filed along with LA. No. 14 by the State of Gujarat.

3. Our attention has also been drawn to an article in the weekly news magazine "Outlook" dated May 24, 1999 under the title. "The Greater Common Good" by Ms. Arundhati Roy. A book under the same title, i.e., "The Greater Common Good" by Arundhati Roy, which appears to have been dedicated to "The Narmada, and all the life she sustains and Shripad, Nandini, Sylvie, Alok, Medha, Baba Amte and their colleagues in the NBA", has also been brought to our notice.

4. We have gone through the statements, the press releases, the article and certain portions of the book referred to above. Prime-fade, it appears to us that there is a deliberate attempt to undermine the dignity of the Court and to influence the course of justice. These writings, which present a rather one sided and distorted picture have appeared inspite of our earlier directions restraining the parties from going to the press, etc. during the pendency of the proceedings in this Court.

5. However, before we decide to proceed any further, we consider it proper to appoint an amicus to advise the Court about the action, if any, which is required to be taken in this respect as also in respect of the writ petition itself.

6. We request Mr. K.K. Venugopal, Senior Advocate, President of the Supreme Court Bar Association, to act as amicus and advise the court. Copies of various documents and statements, including the copies of the article from the "Outlook" magazine and the book referred to above, shall be sent by the Registry to Mr. Venugopal forthwith. The matter shall be taken up on 29th July, 1999 at 2.00 p.m. for further proceedings.

7. A supplementary report, dated 18th July, 1999, regarding R & R measures taken by the Grievance Redressal Authority between May, 1990 and July, 1999 has been filed in the court. It is taken on record.

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