On 6-8-2007 I read in all leading newspapers in Bombay the
statement of Ujwal Nikam (learned prosecutor) warning the film stars that if
they publicise any statement criticising the sentence of Sanjay Dutt, it would
be improper and it will not be tolerated and that there will be legal
proceedings against them for contempt.
This warning of learned prosecutor is totally unwarranted
as films stars have not published any statement. It is the settled position of
the law that there can be no contempt in respect of unpublished statement.
More important in a free democratic society, an expression
of opinion about what one what honestly feels about sentence meted out to the
accused in a given case, either way, does not amount to contempt. This right
is specifically protected under Section 5 of Contempt of Court Act, 1971.
The warning of the learned prosecutor amounts to violation
of fundamental right of a citizen to make honest and fair criticism of
judicial decisions and acts!
The former Attorney General Soli Sorabjee, has justified
the sentence meted out to Sanjay Dutt and criticised those who feel that the
sentence on Sanjay Dutt is excessive and unfair. Is the learned prosecutor
taking action against Soli Sorabjee also?
The independence and impartiality of the Judges of the
Supreme Court of India is well-known. They have highest reputation in the
world for their impartial and fearless judgments and they would never be
affected by opinions given either way.
I humbly feel that the learned prosecutor Ujwal Nikam
himself is showing a lack of decorum by now and then giving statements on TV
and newspapers, even during pendency of trials!
