Decided on February 01,1954

STATE Appellant
VIKAR AHMED Respondents


- (1.) AN article entitled 'appointment of Shri Shripatrau as the Chief Justice' was publish-ed on 22-9-1953, in the newspaper called the Nizam Gazette. Notices were issued to Syed Vikar Ahmed and Mohd. Abdur Rahman, the Editor and the Joint-Editor of the paper, to show cause why proceedings under the Contempt of Courts Act of 1952 should not be taken against them, as the article prima facie amounted to a contempt of the Chief Justice and other Judges of the High Court in the discharge of their duties. By their replies of 1-11-1953, both the Editor and the Joint-Editor pleaded that they did not intend to commit any contempt, their newspaper fully realised the high position of the Court, and notwithstanding the aforesaid pleas if the Court came to the conclusion that any sentence of the article amounted to contempt, they apologise and hope the apologies would be accepted and the proceedings concluded. Mr. Murtuza Khan, who appeared on behalf of the editors has, however, argued that the article was only a fair comment on the administrative orders of the High Court, it did not amount to scandalising the Court, and being a border-line case, the qualified apologies contained in the replies of 10-11-1953, should be accepted and his clients discharged. On the conclusion of the arguments, another application dated 25-1-1954, was filed, that the editors regretted and tendered their unqualified apologies for having printed and published the article. We have, therefore, to decide in the proceedings two points : the first is how far the particular article amounts to contempt, and the other is whether by the several apologies the two persons have purged themselves; of the contempt and should be let off with mere warning.
(2.) THE third paragraph of the article says that after a full consideration the Constitution has provided for the maintenance of the conditions prevailing at the time of the Englishmen were rulers, and for continuance of the work in the language in which it was previously being carried on; accordingly Urdu, the official language of Hyderabad State, can be substituted by Hindi and it can easily be introduced within fifteen years; the object of providing the time limit is to facilitate Government servants learning the Hindi language : that contrary to the above provision continuous efforts are being made in the Hyderabad State to introduce English in place of Urdu; it is surprising that all these things are being done in the High Court by overlooking the law which on principle should not have been done; since one or two months it is being said that the present Chief Justice wants to go back from Hyderabad after uprooting everything and due to these rumours the employees of the judiciary are feeling gloomy. The next paragraph, which is a short one, mentions that unless the picture is complete the writer does not wish to express any opinion; but in the democratic age how can people be restrained from saying that Misra's regime has failed. The concluding part of the next paragraph in the article expresses regret that in face of the regulations and laws certain officials under communal feel-ings are making use of hostility to Urdu, and it is still more regrettable to hold the Constitution as secular and yet give effect to communalism. This part of the paragraph then asks the Central Government to pay attention to the affairs in Hyderabad as to Whether by such unconstitutional acts the rights of the citizens can be preserved or whether justice can be done to the minorities by depriving them of their livelihood under any pretext?
(3.) WE shall now give an English translation of the next two paragraphs of the article: When justice is not found where justice is usually done, where can it be obtained? We have received several complaints about legal irregularities and some of them have also been published in the newspapers. If as a reaction (Rodd-e-Amal) the President of India has appointed Mr. Justice Shripatrau as the Chief Justice though for a few days, it is a good step. For the ministry of the State has stated in its Notification that the President has been pleased to appoint Mr. Justice Shripat Rao of the Hyderabad High Court as the Chief Justice to perform the duties of the Chief Justice during the period of leave of the Chief Justice L. S. Misra from 5-10-1953 to 4-11-1953. After the above Notification, the doubts and fears in the minds of the Court's employees should be removed and it is expected of Mr. Justice Shripatrau that he will perform his duties in such a manner as will remove fear from the minds of the members of the bar. ;

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