STATE OF KERALA versus M.S. MANI AND ORS.

Citation: [2001] SUPP. 2 S.C.R. 622 · Decided: 06-09-2001 · Supreme Court of India · Bench: S.S.M. QUADRI, S.N. PHUKAN · Disposal: Dismissed
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Judgment (excerpt)

A 
ST ATE OF KERALA 
11. 
M.S. MANI AND ORS. 
SEPTEMBER 6, 2001 
B 
[SYED SHAH MOHAMMED QUADRl AND S.N. PHUKAN, JJ.] 
Contempt of Courts Act, I 971 : 
Ss. I 5(/)(b) and (3), Explanation-Criminal contempt other than a 
C contempt referred to u/s. I 4-Cognizance of-Consent of 'Advocate General'-
Purpose of-Consent obtained after filing of contempt petition-Effect of-
Contempt petition filed by State Government in Supreme Court on I 7. 5. I 999-
Allegation that dignity and authority of Supreme Court undermined by 
respondents-Consent of Attorney General obtained on I /.5.2000-
D Preliminary objection by respondents as regards to maintainability of contempt 
petition since consent of Attorney General/Solicitor General was not obtained 
before filing the contempt petition-Held, for a valid motion to take action 
under s.l 5, compliance with the provisions of s.I 5 is mandatory-The motion 
to take action against respondents u/s. I 5 was not made with the consent 
of Attorney General or Solicitor General and, therefore, is incompetent-
E Subsequent obtaining of the consent does not cure the initial defect so as to 
.:onvert the incompetent motion into a maintainable petition-Contempt 
notice discharged-Contempt df Court Act, I 98 I (U.K.)-S. 7. 
F 
Conscientious Group v. Mohammed Yunus and Ors .. [1987] 3 SCC 89 
and P.N. Duda v. P. Shivshanker and Ors .. (1988] 3 SCC 167, relied on. 
B.K. Misra v. Chief Justice Orissa High Court, AIR (1974) Orissa 1: 
Shri Harish Chandra Mishra and Ors. v. The Hon'ble Mr. Justice A.Ali 
Ahmed, AIR (1986) Patna 85 and Vishwanath v. E.S. Venkataramiah and 
Ors .. (1990) Crl. J. 2179, (Bombay), approved. 
G 
Barrie & Lowe-The Law of Contempt, 3rd Edn. P.481 (Note 14), 
H 
referred to. 
CIVIL ORIGINAL JURISDICTION: Contempt Petition (c) No:280 
of 1999. 
622 
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-
STATE v. M.S. MANI 
623 
IN 
Civil Appeal No. 1466 of2000. 
From the Judgment and Order dated 15.12.98 of the Kerala High Court 
in W.A. No. 343 of 1997. 
K.R. Sasiprabhu for the Petitioner. 
K. Sukumaran, E.M.S. Anam and Fazlin Anam for the Respondents. 
The following Order of the Court was delivered : 
This Contempt Petition is filed by the State of Kerala complaining that 
the dignity and authority of the Apex Court are undermined by the respondents 
A 
B 
c 
by publishing a three column news on the front page of the newspaper. "The 
Kerala Kaumudi" on May 5, 1999. In the said column the alleged contemnor 
imputed scandalous, malicious vilificatory, defamatory and libellous criticism 
against Shri K.N. Bhat, a senior advocate of the Supreme Court, Shri M.K. D 
Damodaran, Advocate General of Kerala State and Shri G. Prakash, standing 
counsel for the State of Kerala, in the manner of conduct of C.A. No. 1466 
of 2000 in this Court. 
This Court issued notice on the Contempt Petiiion on August 9, 1999. 
The respondents having entered appearance raised a preliminary objection E 
that the Contempt Petition is not maintainable, inasmuch as consent of the 
learned Attorney General/Solicitor General under Section 15 of the Contempt 
of Courts Act, was not obtained before filing the contempt petition. The 
learned counsel for the petitioner has brought to our notice that the consent 
contemplated by sub-section (I) of Section 15 of the Act has been obtained F 
on May 11, 2000 and submitted that the petition would, therefore, be 
maintainable. 
In view of the above contention, it may be useful to read the relevant 
provisions of Section 15 of the Contempt of Courts Act, 1971: 
"15. Cognizance or criminal contempt in other cases:- (I) In the case 
of a criminal contempt, other than a contempt referred to in Section 
14, the Supreme Court or the High Court may take action on its own 
motion or on a motion made by-
(a) 
the Advocate-General, or 
G 
H 
624 
A 
SUPREME COURT REPORTS [2001) SUPP. 2 S.C.R. 
(b) any other person, with the consent in writing of the Adovcate-
General, or 
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B 
'(3) Every motion or reference made under this Section shall specify 
the contempt of which the person charged is alleged to be guilty. 
c 
Exp/anation:-ln this section, the expression "Advocate-General" 
means-
(a) 
in relation to the Supreme Court the Attorney-General or the 
Solicitor-General; 
(b) 
in relation to the High Court the Advocate-General of the State 
or any of the States for which the High Court has been 
established; 
D 
(c) 
in relation to the court of a Judicial Commissioner such Law 
Officer as th
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