NARMADA BACHAO ANDOLAN versus UNION OF INDIA AND ORS.

Citation: [1999] SUPP. 4 S.C.R. 5 · Decided: 15-10-1999 · Supreme Court of India · Bench: A.S. ANAND · Disposal: Disposed off
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Judgment (excerpt)

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NARMADA BACHAO ANDOLAN 
A 
v. 
UNION OF INDIA AND ORS. 
OCTOBER 15, 1999 
[DR. A.S. ANAND, CJ., S.P. BHARUCHA AND B.N. KIRPAL, JJ.] 
B 
Contempt of Courts Act, I 971 : 
Contempt of Court-Interim order passed by Supreme Court with regard 
to Height of Dam on river Narmada-Application filed by State of Gujarat C 
stating that leaders of Narmada Bachao Ando/an had been reacting to order 
passed by this Court by way of threat of protests, public meetings, undertaking 
Satyagrahas, news reports, press releases, articles in news magazines etc.-
Objectionable passages in a book also brought to notice of the Court-Held, 
NBA and its leaders have knowingly made comments on pending proceedings D 
and have· prim a facie disobeyed interim injunctions passed by this Court-
Prima facie the threats held out by NBA and its leaders also appear to be 
an attempt to prejudice or interfere with due course of judicial proceedings-
Comments on matters connected with the case made in the book by its author 
are prima facie a misrepresentation of the proceedings in this Court-Freedom 
of speech and expression does not include freedom to distort orders of the E 
Court and present incomplete and a one sided picture deliberately, which 
has the tendency to scandalise the Court and bring it into disrepute Qd 
ridicule-The relevant passages in the book have the tendency to create 
prejudice against this Court-However, keeping in view the importance of 
the issue of resettlement and rehabilitation of PAFs, which this Court has F 
been monitoring, the Court is not inclined to initiate contempt proceedings 
against NBA, its leaders and the author concerned-It is hoped that these 
persons would desist from acting in a manner which has the tendency to 
interfere with the due course of administration of justice or which violates 
the injunctions issued by this Court from time to time-Constitution of India, 
Article I 29. 
G 
CIVIL ORIGINAL JURISDICTION : Writ Petition (C) No. 319 of 
1994; I.A. No. 14 of 1999. 
(Under Article 32 of the Constitution of India) 
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A 
B 
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SUPREME COURT REPORTS [1999] SUPP. 4 S.C.R. 
K.K. Venugopal, (A.C.), Shanti Bhushan, Ashok H. Desai, T.R. 
Andhyarujina, (Sushi! Kumar Jain) Additional Advocate General of Rajasthan, 
Guru Krishna Kumar, Prashant Bhushan, Ms. Kamini Jaiswal, Pallav Sisodia, 
Tufail A. Khan, P. Parmeshwaran, B.V. Bairam Das, Ms. H. Wahi, D.M. Nargolkar, 
S.K. Agnihotri, A. Mishra and Ms. Anjali Doshi for the appearing parties. 
The following Orders of the Court were delivered: 
DR. A.S. ANAND, C.J. This petition has been filed by the State of 
Gujarat bringing to the notice of the Court how the petitioner-Narmada 
Bachao Andolan-had been reacting to the interim order of this Court 
.t 
C permitting the increase of the height of the dam to RL 85 meters and about 
the threats of protests, public meetings and of undertaking Satyagrahas etc., 
on account of that order. Reference is made particularly to the interview of 
Ms. Medha Patkar which appeared in the Hindustan Times of 27.6.1999 and 
some other newspaper reports and press releases issued by the petitioner. 
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F 
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Our attention has also been drawn to an article which appeared in the Weekly 
News Magazine 'Outlook' and to some portions ofa Book titled "The Greater 
Common Good" by Ms. Arundhati Roy. 
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On 22nd July, 1999, we made the following order : 
" 
At the outset, our attention has been drawn to certain statements, 
press releases, interviews, etc., given by the petitioners themselves or 
by sorr.e others under the aegis of the petitioner-Narmada Bachao 
Andolan. Copies of some of those statements, etc., have been filed 
along with I.A. No. 14 by the State of Gujarat. 
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. 
We have gone through the statements, the press releases, the 
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article and certain portions of the book referred to above. Prima.Jacie 
NARMADA BACHAO ANDOLAN v. U.0.1. 
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it appears to us that there is a deliberate attempt to undermine the A 
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dignity of the Court and to influence the course of just
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