STATE Vs. EDITORS PRINTERS AND PUBLISHERS OF THE NEWSPAPERS

JUDGEMENT

(1.) This case was started on a reference made by the Sub-divisional Magistrate of Cuttack, against the Editors, Printers and Publishers of two Oriya newspapers of Cuttack named 'Matrubhumi' and 'Krushak' on the allegation that during the pendency of two criminal cases of defamation (C. C. No. 787 of 1952 and C. C. No. 786 of 1952) the said papers published a series of articles which have a tendency to interfere with the fair trial of those cases and that the Editors, Printers and Publishers have committed contempt of Court.

(2.) The said two complaint cases were filed before the Sub-divisional Magistrate of Cuttack, Sadar, by one Sri Bijayananda Patnaik who has figured somewhat prominently both in the political and industrial circles of Orissa in recent years. He is a member of the Orissa Legislative Assembly and belongs to the Congress Party which has been the Party-in-office ever since the Congress came to power in 1947. It has been alleged and not denied that he is a close friend of Sri Harekrushna Mahatab who was for some time the Chief Minister of Orissa and also the Hon'ble Minister for Industries in the Government of India. It is also an unchallenged fact that during recent years several industrial companies such as Orissa Textiles Mills Ltd., the Kalinga Refrigerator Co., and the Kalinga Tubes Co. were floated in Orissa mainly through the efforts of Sri Bijayananda Patnaik and for some of these companies Government gave substantial financial help. The 'Krushak' is admittedly an organ of the Socialist Party of Orissa which is somewhat hostile to the Congress Party. The political affiliations of 'Matrubhumi' are not on record. But a perusal of the impugned articles appearing in that paper leads to a fair inference that it is also anti-Congress. When Sri Harekrushna Mahatab was the Hon'ble Minister for Industries at Delhi there were some allegations to the effect that Sri Bijayananda Patnaik and some other local Congress men obtained permits for controlled commodities through their influence with him in the names of bogus companies and resold the permits at great profit. On 5-6-1952, 'Matrubhumi' came out with an article under the caption "Fifty bales of yarn disappeared. "Congress leader's mysterious" (sic). It was alleged therein that due to the mischief of a Congress M.L.A. and with the assistance of Sri Mahatab permits for fifty bales of yarn were obtained for the purpose of dyeing the same in the name of a bogus company and that the entire quantity of yarn disappeared mysteriously. In that article there was also a reference to the securing of quota of flour for a bogus biscuit company by some Congress M.L.AS. and high officials who were 'pets' of Sri Mahatab. Though in this article Sri Bijayananda Patnaik was not specifically named the reference to a Congress M.L.A. in charge of companies would, in the then political context of Orissa, lead to a reasonable inference that the article was a veiled attack on none else but himself. However, Sri Bijayananda Patnaik took no action on that article.

(3.) Some time in the 1st week of June, 1952, the Central Intelligence Police Department carried out extensive searches in the houses of several persons at Cuttack including the residence of Sri Bijayananda Patnaik. At about the same time during the reshuffle of the Central Ministry Sri Harekrushna Mahatab was not included in the Central Cabinet. This fact inevitably led to all sorts of rumours about the alleged black-marketing in permits said to have been indulged in by Sri Bijayananda Patnaik and other favourites of Sri Mahatab when he was Minister for Industries and the anti-Congress papers of Orissa began to publish a series of articles attacking both of them, basing their attack on the admitted search by the Central Intelligence Police of the . house of Sri Bijayananda as the background. In the 'Matrubhumi' of 17-6-1952 the following article (translated into English) appeared.