Narmada Bachao Andolan v. Union of India and Others

This petition was filed by the state of Gujarat bringing to the notice of the court the reactions of Narmada Bachao Andolan activists in connection with the interim order of the apex court permitting the increase of the height of the Dam to RL 85 metres. The attention of the court was drawn to an article and a book written Ms. Arundhati Roy and interview of Ms. Medha Pathkar appeared in the Hindustan Times. The court after looking into the press releases, the article and certain portions of the book "The Greater Common Good " observed that Prima facie it appears that there is a deliberate attempt to undermine the dignity of the court and to influence the court of justice. The court opined that the litigant must realise that courts cannot be forced by pressure tactics to decide pending cases in the manner in which the concerned party desires. It will be a negation of rule of law if the courts were to act under such pressure. After perusing the book written by Ms. Arundhati Roy who is not a party to proceedings pending in the Court relating to Sardar Sarovar Dam the Court observed that the judicial process and institution cannot be permitted to be scandalised or subjected to contumacious violation in such a degenerating manner in which it has been done by her; It is obvious that she decided to use her literally fame by misinforming the public and projecting in a totally incorrect manner how the proceedings relating to resettlement and rehabilitation had shaped in this court and distorted various directions given by the court during the last five years. Freedom of speech and expression does not include freedom to distort the order of the courts and present incomplete and one side picture deliberately which has the tendency to scandalise the court. The court expressed its unhappiness over the act of the NBA leaders but did not proceed on taking any action against them as it felt that the courts shoulder are broad enough to shrug off their comments and the focus of the court should not shift from resettlement and rehabilitation of the Narmada outsees.