PALOK BASU, J. - (1.) This is yet another instance where a callous news item printed in one of the local weekly newspapers has resulted in publicly undermining the prestige of a court of law.
(2.) Narendra Pal Singh Chauhan is proprietor, Editor and publisher of local weekly newspaper 'Hamraj Express' published from Saharanpur. Sooraj Prakash is printer and proprietor of M/s. Kiran Printers, Berry Bagh, Saharanpur.
(3.) In the issue of Hamraj Express dated 3-8-85, scandalous allegations about the then Second Additional District and Sessions Judge, Saharanpur, appeared. The news item, translated into English, would read like this : "The Additional District and Sessions Judge Sri XXX (name omitted by us) is sliding on the path of corruption : (1) Law is sold there. (2) Law is torn into pieces there. (3) Law is always shelved there. The Additional District and Sessions Judge, Sri XXX has taken lacs of rupees as bribe and has thereby undermined the prestige of law :- (i) Sri XXX who presides over the seat of justice has accepted Rs. 2 lacs from the accused as bribe and Rs. 50,000/- (fifty thousand) from the tout Balwant Singh of the U.P. Delhi Transport and Khattar Tyrewala of the Ambala Road. It is said that the said tout is relative of Sri XXX. (ii) Just before a day of the pronouncement of the judgement it was rumoured in the village that the money has reached the destination and the acquittal is a must and it was further rumoured that with the help of weapons assault is done, with the help of money, acquittal is purchased. (iii) On 14-7-85, Dharam Pal accused has been seen entering the house of Sri XXX. (iv) The judgement indicates that complete favour has been shown to the defence. (v) Sri XXX has by his judgement dated 17-7-85 strengthened the hands of the accused and augmented their zeal. By acquitting Ram Pal Singh S/o Jodh Singh, Birbal, Sadhu, Dharmpal, Harpal, Baliram and Kaluram in very strong case, a subtle joke has been cut on law because of which the entire district is in turmoil. Instead of awarding death sentence to broad day light murderers, they are left free to commit murders. At this, the high handedness of the accused are enhanced. (vi) This results in a very bad reaction on the weaker Section of the public and they start thinking that even in such strong case, nothing could be done to punish the accused. (vii) The police itself removed the tractor and what further proof was required. (viii) The whole case was defended by Sri Ilam Chand Sharma and he argued the case but in the judgement the name of Sri Rajendra Singh Pawar has been inserted. Looking at the said happening the villagers and the people of the neighbourhood are saying that instances of such injustice were not even heard and if such continues to be the sense of justice even the Government cannot save us.";