Madras High Court halts ‘abusive’ book on Justice GR Swaminathan, initiates contempt against publisher

The Madras High Court on Wednesday directed the police to immediately stop the release and circulation of a book that allegedly contains “highly derogatory and abusive” references to Justice G R Swaminathan.

A bench comprising Chief Justice Manindra Mohan Shrivastava and Justice Arul Murugan terming the publication as prima facie contemptuous, also initiated suo motu criminal contempt proceedings against the publisher.

“On the face of it, the proposed release of the book as titled and shown in the petition is highly derogatory and abusive and crosses all limits and needs to be dealt with stern hands by the Court,” the bench said, directing the police to stop the release of the book.

The matter has been posted for further hearing on January 28.

The directions were passed on a writ petition filed by one P Naveenprasad, who approached the court alleging that a book proposed to be released at the Chennai Book Fair on January 8 carried a title, caricature and pictorial representation directly naming and depicting Justice Swaminathan in an offensive manner.

According to the petitioner, the title page of the book was already being circulated on social media and other platforms, causing serious concern about the dignity of the judiciary and public confidence in the justice system .

The book was proposed to be released by Keezhaikaatru Publishers, which had been allotted stall number 173 at the Chennai Book Fair.

Advocate B Jagannath, counsel for the petitioner submitted that the contents and title page of the proposed book were not merely critical but crossed into the realm of abuse and scandalisation of the court.

A copy of the title page was placed before the bench by the counsel.

Additional solicitor general Ar L Sundaresan and additional government pleader E Vijay Anand, representing the state, argued that the book was “derogatory, abusive and highly contemptuous”.

They submitted that if the publication was allowed to be released, it would amount to scandalising the court and eroding public trust in the judicial system.

After examining the title page and related material, the bench said it shows that “the pictorial representation, the caricature and the expressions/words used are not only highly derogatory, but virtually abusive”.

The pictorial representation directly points out with face and name of a sitting judge of this court, it added.

The court directed the police officials to take “appropriate action” including to ensure that such “scandalised publications” do not take place, which may include seizure of pictorial representation and the contents through any means including electronic media.

The bench further observed that the representation directly pointed to the “face and name of a sitting Judge of this court” and was, on the face of it, contemptuous.

The court directed the police authorities to take immediate and effective action to ensure that no such book or material is published, released or circulated.

“The police authorities are directed to ensure that no such book having such pictorial representation, statements, caricature or contents tending to scandalise the Court or a Judge is allowed to be published and circulated,” the bench ordered.

The court clarified that such action could include seizure of the publication and related material, including through electronic and digital platforms.

The state authorities were also directed to submit a compliance report on the next date of hearing regarding the steps taken on the court’s directions.