Raghubar Dayal, J. - (1.) Sahib Singh Mehra, appellant in this appeal by special leave, published an W in his paper 'Kaliyug' of 'Aligarh, dated September 22, 1960, under the heading 'Ulta Chor Kotwal Ko Dante' which means that a thief reprimanded the kotwal, a police officer, though the right thing would be the other way. The article contained the following expressions, as translated:"How the justice stands at a distance as a helpless spectator of the show as to the manner in which the illicit bribe money from plaintiffs and defendants enters into the pockets of Public Prosecutors and Assistant Public Prosecutors and the extent to which it reaches and to which use it is put."
(2.) The Public Prosecutor and the II Assistant Public Prosecutors at Aligarh requested the Superintendent of Police for obtaining the sanction of the Government for filing a complaint by the District Government Counsel in the Court of the Sessions Judge under S. 500, I. P. C. The Government was duly approached through proper channel and, ultimately, the Home Secretary, U. P. Government, wrote to the Inspector General, U. P. on March 1, 1961: "I am directed to convey the sanction of the State Government under S. 198B(c) of the Code of Criminal Procedure to the filing of a complaint under S. 500, Indian Penal Code in a Court of Session, against the Editor and Publisher of the Newspaper 'Kaliyug' of District Aligarh which published a news item under the caption 'Ulta Chor Kotwal Ko Dante' in its issue dated September 12, 1960 containing defamatory remarks against the Assistant Public Prosecutor Sri R. K. Sharma of District Aligarh and other police prosecuting staff of the Government in respect of their conduct in the discharge of public functions." Thereafter, the Public Prosecutor of Aligarh filed the complaint in the Court of Session, praying for the summoning of the accused and for his trial according to law for the offence under S. 500, I. P. C.
(3.) The appellant admitted before the Sessions Judge the publication of the impugned article and stated that he never had any evil intention. He further stated that he had published the news item for the good of the public and that he had published it in most general terms to bring bad things to the notice of the Government and the authorities for the public good.;