The MiD DAY contempt case is coming up for hearing in the Supreme Court of India on Tuesday. The hearing assumes significance as it comes after a gap of around six months as it was first supposed to come up for hearing in January. Last week, the apex court division bench of Justice Arijit Pasayat and Justice MK Sharma posted the matter for August 5.

Two MiD DAY journalists, Resident Editor Vitusha Oberoi and City Editor MK Tayal besides former printer and publisher SK Akhtar and cartoonist Mohd Irfaan have been sentenced to four month imprisonment by the Delhi High Court. 

SC to hear contempt case on Aug 5

Senior lawyer R K Anand placed a copy of MiD Day dated May 18, 2007 in front of Justice R S Sodhi and Justice B N Chaturvedi. The High Court judges took suo mutto cognizance of the article relating to former Chief Justice of India Yogesh Kumar Sabharwal's sons partnership with mall builders.

The High Court felt that since the Supreme Court sits in division and every order was of a bench, by writing the article the scribes had crossed the "lakshman rekha'".

"By imputing motive to it's presiding member automatically sends a signal that the other members were dummies or were party to fulfill the ulterior design," the court observed on September 11, 2007.

However, on September 21, 2007, while passing the quantum of punishment, the court held an article written on May 19, 2007 in its list of objectionable material besides a cartoon.

"We need not go into the truth or otherwise of the allegations against the former CJI as the same in any case cannot be a valid defence to justify the attack on the Supreme Court as such," Justices Sodhi and Chaturvedi said while awarding four month imprisonment to the four scribes.

The appeal against the sentence in the Supreme Court was listed for January 16 but five days before the hearing it was postponed to January 29. However, it was again slated to be heard on February 13. Two day before the date, it was again shifted to be heard on April 22 but could not come up for hearing then.

The matter was listed for Thursday but since defence lawyer Prashant Bhushan could not attend the matter, the court decided to hear it on Tuesday.

MiD Day had written the Sabharwal's sons, Chetan and Nitin, were running three companies from the official residence of the Chief Justice of India and that they had formed partnership with big builders.

The sealing drive in Delhi affected the livelihood of lakhs of people, who had to close their small-time shops or shift them.