LAWS(PVC)-1932-8-24

JAGAN NATH TRIPATHI Vs. EMPEROR

Decided On August 12, 1932
JAGAN NATH TRIPATHI Appellant
V/S
EMPEROR Respondents

JUDGEMENT

(1.) The appellant has been convicted under Section 124-A, I.P.C., and sentenced to nine months rigorous imprisonment and a fine of Rs. 100 in default rigorous imprisonment for three months on the ground that he was the Editor, Printer and Publisher of a Hindi weekly newspaper Lokmanya" in which an article entitled "Kajal-ka-Pahar" was published in the issue of 28 September 1931, which is found to be seditious. The grounds of appeal were that the Court below was wrong in holding that the article exceeded the bounds of, legitimate criticism and that on a consideration of the entire evidence, facts and the circumstances of the case the Court should have acquitted the appellant. Two points have been urged before us, in the first place, that the Government referred to in the article in question was the British Government and not the Government establised by law in British India and secondly, that on reading the article as a whole the intention of the writer was, as he says, that he was grieved at the incident in the Hijli Camp, that he made an appeal for an impartial inquiry and that it was not his intention to create disaffection towards Government.

(2.) As regards the first point it is clear that the writer himself does not state that it was the British Government that he was attacking. He says that it was not his intention to create disaffection towards Government, meaning obviously the Government of India and not the British Government. But referring to the article itself para. 1 may be interpreted as referring to the British Government inasmuch as in the opening words it is stated that: British Government is one of the civilized Governments of the world.

(3.) The writer then goes on to say: But Britain is putting a slur on her name which she has earned in India.