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Wednesday, May 6, 1998

Newspaper apologises to HC for "misleading" report

Express News Service  
May 5: The Bombay Times, a supplement of the The Times of India, today unconditionally apologised for a report published in its edition dated March 13, 1998 and titled "Law student wants justice from courts".

The Bombay High Court had issued show cause notice to the editor and publisher and reporter on March 17 asking the publication to show why it should not be held guilty of contempt for publishing the article.

The concerned report dealt with a petition filed by a third-year law student challenging his second-year marks in the Company Law paper. According to the student's petition, he was repeatedly declared failed on account of corruption among the examiners of the University of Bombay. The student moved the court for rechecking of his papers by a committee of qualified examiners.

The Bombay Times report had stated that the petitioner's lawyer expected "a tough legal battle ahead with the university since the student has questioned the entire exam system."

The universitycounsel brought the report to the notice of the division bench of Justice Ashok Agarwal and Ranjana Desai. The judges held that the report "prima facie amounts to contempt of the court". Moreover, the judges said, the report categorically stated that the student's petition was admitted, whereas the petition was merely filed. The court ruled that the report "was misleading the public mind" adding, "The article carried insinuation against the Mumbai University and the law department in particular."

The court also objected to the statements made by the student's advocate regarding malpractices in the examination department of the University. The division bench on Monday dismissed the student's petition after the student's advocate apologised to the court.

Meanwhile, the newspaper has agreed to publish an unconditional apology along with a clarification in one of the coming editions. The wording of the apology will be drafted by the university counsel and presented in the court tomorrow.

Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.



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