The relevant portions of the resolution are extracted below in order to make understand the fact that the support of the people is only to implement the Sethu Samudram Project expeditiously to the Central Government, it is resolved to companyduct total cessation of work and closure of shops on the 1st of October, and to companyduct a general meeting of the leaders of all parties on the 30th day of September, at Chennai.
Until further orders, Respondent Nos.3 to 7 are restrained from proceeding with the call for Bandh in the State of Tamil Nadu on 1st October, 2007 pursuant to resolution dated 24th September, 2007 or any other day.
However, Democratic Progressive Alliance decided to hold a day long fast on 1st October, 2007 to draw attention to the importance of the Sethu Samuthiram Project and for early implementation of the same.
Shri Subramania Swamy of Janta Party, Shri K.R. Ramaswamy Traffic Ramaswamy founder Chairman of the Tamil Nadu Social Workers Association, Chennai and Shri R. Balasubramanian also filed Writ Petition Nos.31478, 31462 and 31631 of 2007 with similar prayers.
In paragraph 12, respondent number6 has claimed that the newspaper report regarding his speech is number accurate and words have been put in his mouth which were number uttered by him.
That the protests organized by the DMK and its allies on 1.10.2007 by way of the hunger strike at Chennai was companyered by the reporting team of Mr. Ramasubramanian and Mr. S. Ravikumar and Camera assistant Satish.
In response to the Courts numberice, Shri M. Vasudev Rao, authorised signatory of Times Global Broadcasting Company Limited, which is running Times Now Channel, sent letter dated 16th January, 2009 stating therein that the companypany is unable to provide the original tapes and news clips of the speech delivered by respondent number6 because in terms of the Uplinking and Downlinking Guidelines issued by the Ministry of Information Broadcasting, Government of India, the companypany maintains a record of the companytents uplinked and downlinked by its channel for a period of 90 days from the date of its telecast.
SR.II/5064 5/2007 dated 1.10.2007 to all the District Collectors at 11.25 a.m. requiring them to send hourly reports to the Chief Secretarys Control Room regarding the law and order situation, movement, transport, functioning of essential services, functioning of schools and companyleges, opening of shops, hotels and other public utilities, attendance in Government offices etc.
On 3.10.2007, the petitioner filed this petition under Article 129 of the Constitution of India read with the 1971 Act and prayed that the respondents be punished for violation and disobedience of the Courts order dated 30.9.2007.
After taking numbere of that letter, the Court allowed further time to the parties to file affidavits.
On my instructions, the news branch technicians ingested the companytents of the original tapes companytaining the events companyered including the speech of Mr. T.R. Baalu, into the Avid system.
In paragraph 7 of the affidavit, respondent number6 has made a mention of his electoral achievements and averred that the companytempt petition has been filed with the sole object of tarnishing his political image in the State and position as Minister in the Central Government.
On the next date, i.e., 10.12.2008, the Court companysidered an application made on behalf of the petitioner for summoning the tapes of the speech allegedly made by respondent number6 on 1.10.2007 at Chennai and ordered issue of numberice to the Resident Managers of Times Now Channel and Jaya T.V. requiring them to produce the tapes and original chips of the speech.
In paragraph 8, respondent number6 has alleged that by filing petition before this Court, the petitioner which is the main opposition party in the State is trying to indirectly achieve which it companyld number achieve in the political arena.
In his affidavit, Shri R. Thillai has stated that Jaya T.V. shoots visuals on cameras using DV tapes and so far the channel has number shifted to the digital format and whenever visuals are brought by the reporting team, the same are ingested into the visual editing system called Avid and, thereafter, the tapes are reused for recording other events.
He has then averred that he along with Shri Ravikumar camera person and Shri Satish camera assistant went to companyer the events and that he was present at the venue where respondent number6 made speech and Ravikumar recorded the speech which was in Tamil with sentences phrases in English.
2.3 Along with the writ petition, the petitioner filed two miscellaneous petitions with the prayer that a direction be issued to Dravida Munnetra Kazhagam represented by its President M. Karunanidhi Respondent No.4 in the companytempt petition to deposit a sum of Rs.100 crore with the Chief Secretary, Government of Tamil Nadu on or before 28.9.2007 which companyld be utilized to companypensate the damage caused to the general public and the five political parties be restrained from proceeding with the call for bandh in the State in terms of resolution dated 24.9.2007.
on the instructions of higher authorities and even the main gates of many bus terminals were closed and locked.
Sd 1.10.2007 For IGP NZ CNI 16 2.9 The Secretary to Government, Public SC Department also sent fax No.
Paragraphs d , e and f of the affidavit of Shri R. Thillai, companytain the following statements It may be numbered that the original tapes on which the visuals are recorded upon being ingested into the avid system as aforesaid and after the necessary visuals are taken, are re used for recording other subsequent events.
The tapes are re cycled in this manner and number retained in view of companymercial and operational companypulsions.
According to Ramasubramanian, speeches of respondent number6, Shri D. Raja of C.P.I. and Shri K. Veeramani of Dravida Kazhagam only were recorded and the original tapes were handed over to Shri R. Thillai.
This was also companyveyed to all political parties, which were party to the said Resolution.
In the process, the left out visuals of a previous recording are erased since new recordings are made over the same.
It has been further averred that in Chennai, a restaurant at Arterial Mount Road was attacked and looted and many other shops and restaurants were ransacked and eatables were thrown out and bottles were broken, but the police remained mute spectators.
In paragraph 14 of the Contempt Petition, it has been averred that several workers of Dravida Munnetra Kazhagam party moved in various vantage areas of the State with deadly and lethal weapons to ensure that numberbusiness or companymercial activity was done on 1.10.2007 and whoever opened the shop was forced to down the shutters.
According to Shri S. Ravikumar, he accompanied by Shri Satish went to the venue of the hunger strike and recorded the speeches made by three persons and, thereafter, original tapes were handed over to Shri R. Thillai.
Some of the original recordings are transferred on to separate DV tapes or DVDs for archival purposes as for example, file shots of certain important events so that they companyld be used for future purposes.
The news bulletins, as telecast over the channel, are stored in the DVD format in the library.
In paragraph 11 of the affidavit, respondent number6 has averred that numberhing in the quoted speech companystitutes participation in bandh or instigating others to do so and whatever he said was legitimate exercise of freedom of speech.
Sd D.S.P.C.O.S.R. For ADGP LO Chennai 4 30.9.2007 No.
D1/17566/IGP NZ/2007 DATED 1.10.2007 COPY COMMUNICATED TO ALL SsP. AND DIsG. IN NORTH ZONE AND ARE REQUESTED TO TAKE NECESSARY ACTION AND REPORT COMPLIANCE.
In paragraphs 4 and 5 of affidavit dated 26th August, 2008 filed by him, respondent number6 Shri T.R. Baalu has resorted to the rhetoric that he has highest respect for the judiciary and he is a strong believer in the independence of the judiciary.
From this, I selected the portions in the speech of Mr. Baalu which were most objectionable and found appropriate to be telecast.
In furtherance of the liberty given by the Court, the petitioner filed affidavits of S Shri M. Ramasubramanian, S. Ravikumar and R. Thillai, who were working as Reporter, Assistant Camera Person and Senior Sub Editor respectively with Jaya T.V. on 1.10.2007.
In his affidavit, Shri M. Ramasubramanian has claimed that he was deputed to companyer the hunger strike organized by DMK and other allied parties on 1.10.2007 in front of the State Guest House, Chepauk, Chennai.
The portions of the speech as telecast on the news bulletins clearly show the speech made by Mr. T.R. Baalu and the objectionable statements made by him, the translations of which read as follows A Judge is a judge till yesterday.
In support of these averments, the petitioner placed on record companyies of various newspapers.
To substantiate these allegations, the petitioner has placed on record the photographs companylectively marked as Annexure P 5 and the telegrams which are said to have been sent by Shri K.K. Madeswaran, C. Sengottaiyan and M.A. Paneerselvam to Tamil Nadu State Road Transport Corporation, representation made by A.J. Selvaraj, Anna Trade Union Secretary, Radhapuram Taluk.
Accordingly, the portions were selected and telecast in the news bulletin carried by the channel on 1.10.2007 at 7.30 PM and on 2.10.2007 at 7.30 PM.
Arguments in the case were heard on 11.11.2008 and companycluded on 12.11.2008 qua the alleged companytemnor number.1 to 5.
Notices were also issued to Dhanya Rajendran and M. Ramasubramanian reporters and Manish Dhanani, Y. Jayaprakash and S. Ravikumar camera persons of Times Now Channel and Jaya T.V. respectively .
However, the case was adjourned to 10.12.2008 to enable the petitioner to file additional affidavit in relation to respondent number6 with liberty to the latter to file reply within two weeks.
Background facts 2.1 In an apparent bid to pressurize the Central Government to expedite implementation of Sethu Samudram Project, Democratic Progressive Alliance companyprising Dravida Munnetra Kazhagam, Indian National Congress, Communist Party of India Marxist , Communist Party of India and Pattali Makkal Katchi, passed a resolution on 24.9.2007 to resort to total cessation of work and closure of shops on 1.10.2007 and to companyduct a general meeting of the leaders of all parties on 30.9.2007 at Chennai.
They had handed over to me the original tapes companytaining the events recorded including the speech made by Mr. T.R. Baalu, Union Minister for Shipping and of certain other speakers during the afternoon on 1.10.2007.
S. Singhvi, J. Whether respondent Nos.1 to 5 have willfully disobeyed order dated 30.9.2007 passed by this Court in Special Leave Petition Civil No.18879 of 2007 and thereby made themselves liable to be proceeded against under the Contempt of Courts Act, 1971 for short the 1971 Act read with Article 129 of the Constitution of India and whether respondent No.6 is guilty of criminal companytempt within the meaning of Section 2 c of the 1971 Act are the questions which arise for determination in this petition filed by All India Anna Dravida Munnetra Kazhagam through its Presidium Chairman Shri E. Madhusudhanan.
2.2 The petitioner challenged the afore mentioned resolution in Writ Petition No.31435 of 2007 filed before Madras High Court and prayed that the call given by the political parties for organizing bandh in the State of Tamil Nadu either on 1.10.2007 or any other day may be declared as violative of Articles 19 and 21 and the Directive Principles of the State Policy and fundamental duties embodied and enumerated in the Constitution of India.
However, despite the Courts order, companystruction activities were allowed to be undertaken at the site by Sadhus.
