HC directs Jain TV to produce video cassette

GUWAHATI, February 9: The Gauhati High Court today directed the Jain Satellite Television to produce the video cassette telecast by it in connection with its allegation that some Government agencies made certain irresponsible and baseless comments against Justice AH Saikia, a Judge of the Gauhati High Court before his appointment. The Gauhati High Court had drawn up suo motu contempt proceedings, following the telecast of the allegation, against JK Jain, president of the Jain Satellite Television. The division bench of Justice JN Sarma and Justice PG Agarwal after examining the affidavit of Jain, also granted three weeks' time to both the Governments at the Centre and in the State to file their respective affidavits in the case. Jain, who was represented in the court by DK Mishra, Senior Advocate, said in his affidavit that he had discovered on October 12, 2000 that he was being deprived of certain benefits because of a report of the RAW which charged him to be an agent of the ISI. He also claimed in his affidavit that some reports of the investigating agencies of the Governments are irresponsible and often recklessly false. Some of such reports was made against Justice AH Saikia prior to his appointment as a Judge in the Gauhati High Court, which would have jeopardised his elevation. But fortunately, Justice Saikia's name was cleared and he was eventually appointed as a Judge of the Gauhati High Court, Jain said, maintaining that the reference to Justice Saikia's situation was mentioned in the telecast by the Jain TV only to illustrate the fact that Justice Saikia was also a potential victim of an unfounded report of a Government agency (may not be of the RAW) and there was no intention whatsoever to bring down the reputation of Justice Saikia or to bring administration of justice into contempt. As the basis of the suo motto contempt proceedings drawn up by the High Court were news paper reports published in The Times of India and The Hindustan Times on January 7, 2001, and not the telecast itself of the Jain TV, which was the basis of the newspaper reports, the division bench of Justice Sarma and Justice Agarwal directed Jain's advocate to produce a copy of the video cassette of the telecast. The Division Bench directed posting of the case for further orders after four weeks when the two judges are expected to view the programme prepared and telecast by the Jain TV. KK Mahanta, appeared on behalf of the Central Government and A Dasgupta appeared on behalf of the State Government in the case.