In the speech he also made a pointed reference to the presence of Dr. H. K. Mahtab, the former Chief Minister of Orissa and said that he had played an effective part in having a separate High Court for Orissa.
About this time a Commission of Enquiry had been appointed by the Government of Orissa which was headed by Mr. Justice H.R. Khanna of the Delhi High Court, as he then was, to enquire into the companyduct of 15 persons who at one time or the other were Ministers between 1961 66.
On 30 1 68 Santosh Kumar Sahu filed the alleged offending representation petition.
From 9 1 68 to 17 1 68 the arguments in these petitions were heard and on the latter date the judgment was reserved.
It appears that this petition was in respect of the Flag Hoisting function held in the High Court of Orissa on the Republic Day January 26, 1968 at about 11.30 a. m. at which the Governor of Orissa Dr. Khosla, Chief Minister Shri Singh Deo, Dr. Mahtab, an ex Chief Minister of that State and many others including the President of the Advocates Association, the Advocate of the High Court, Dinabandhu Sahu who was ex Minister and ex Advocate General of Orissa and others were present.
It appears news of the speech of the learned Chief Justice on the Republic Day was given in the Kalinga an Orissa newspaper on the 28th January 1968.
On 1 2 68 there was another news item and on 2 2 68 one Sarat Chandra Biswal filed a petition in the High Court for action being taken against the Editor, of the Kalinga.
408 of 1967 and the third by Mr. Santosh Kumar Sahu, a former Deputy Minister of Co operative, Mining and Forest, being O. J. C. No.
It is unnecessary to further examine the speech made by him except to say that this gave rise to certain misunderstandings in the public mind particularly among the rival political factions in the Orissa State which as Mr. Chari, the learned Advocate for the Appellants, described were at that time locked up in a bitter political struggle.
418 of 1967 on the file of High Court of Orissa filed a petition described as representation petition before the Chief Justice, Honble Shri S. Barman and his companypanion Justices, praying that their Lordships may companysider if it amounts to a companytempt of High Court and to take whatever steps the law of the land calls for.
Two of the Judges who heard these petitions were also present at the Flag Hoisting function on the Republic Day at the time when the Chief Justice made the speech, which was the subject matter of the representation petition.
300/ on the Appellant Santosh Kumar Sahu and Rs.
These numberices were made returnable on 15 2 68.
On the representation petition addressed to the Chief Justice and his companypanion Judges by the Appellant Santosh Kumar Sahu certain objections were raised by the Stamp Examiner and when the matter came up before the Chief Justice and A. Misra, J. it was rejected with the observations that the petition companytained derogatory statements in paragraphs 3, 7, 12 to 17 and 20 to 25 against the Orissa High Court in general and the Chief Justice in particular, scandalising or having a tendency to scandalise the Orissa High Court and its Honourable Judges, undermining its dignity in the estimation of the public, and impeaching its impartiality in dispensation of justice.
100/ on the Appellant, Dinabandhu Sahu It appears that Santosh Kumar Sahu who was a party to a Writ Petition No.
At that function the Chief Justice made a speech at which he companymenced the address by particular reference to the Governor Dr. Khosla, Chief Minister Shri Singh Deo and Dr. Mahtab.
Three of these persons against whom the enquiry was being companyducted had filed Writ Petitions in the High Court of Orissa one was filed by Mr. Jagannatha Rao, former Minister in that State, being O. J. C No.
He said in this process of steady progress, came the dream of the present Chief Justice myself for a High Court with a Tower and a Fountain surrounded by green lawns and flower gardens as in a Temple with a. Fountain of Justice .
Jaganmohan Reddy, J. These two appeals are by Certificate against the Judgment of the Orissa High Court companyvicting the Appellants for companytempt of the High Court and imposing a fine of Rs.
The Republic Day was made an occasion for the speech at which he traced the process through which the judiciary in the State developed culminating in the establishment and functioning of the High Court at Orissa.
396 of 1967, the second was by Mr. Biren Mitra, a former Chief Minister, being O. J. C. No.
418 of 1967.
In this latter Writ Petition Mr. B. N. Singh Deo, Chief Minister and Dr. H. K. Mahtab, former Chief Minister and leader of the party which was supporting the companylition were two of the Respondents.
On 31 1 68 there appears to have been an editorial companyment in the Kalinga newspaper.
The Chief Justice seems to have had a tower companystructed in the High Court and had been instrumental in renovating and adding to the present High Court with lawns and a fountain, on the companypletion of which he took great pride.
