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Thursday, Sep 21, 2006
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NBW against Tahiliani stayed

Legal Correspondent

Notice issued to Jammu and Kashmir Government

New Delhi: The Supreme Court on Wednesday stayed non-bailable warrants issued by a Jammu and Kashmir magistrate against the former Navy chief R. H. Tahiliani, at present chairman of Transparency International India (TII), and Bhaskar Rao, Director, Centre for Media Studies (CMS), in suo motu contempt proceedings.

A Bench comprising Justices B.N. Agrawal, P.P. Naolekar and Lokeshwar Singh Panta stayed the NBWs when counsel Prashant Bhushan made a mention for early hearing of a petition challenging the magistrate's order. It also issued notice to the Jammu and Kashmir Government.

The TII and CMS released a report on `India Corruption Study 2005' and it was published in a newspaper in Jammu and Kashmir.

Taking a serious note of the news item, the Kangan Judicial Magistrate issued the contempt notice against Mr. Tahiliani and Mr. Rao directing their personal appearance.

As they could not respond to the notice, he issued the NBWs and asked the police to produce them in the court on September 27. The petitioners submitted that the NBWs were issued in breach of the provisions of the Contempt of Courts Act and the Ranveer Penal Code.

It was only the High Court which had the power to exercise contempt jurisdiction. No subordinate court could exercise the power of contempt and it could only refer the matter to the High Court.

Moreover, as per the Jammu and Kashmir Criminal Procedure Code only the sessions judge could take cognisance of any defamation of a public authority and that too when the public prosecutor, after taking the consent of the government, made a written complaint.

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