JUDGEMENT
Nevaskar, J. -
(1.)THE present proceedings for contempt have been started on the application of Shri L. S. Shukla against the Editor, Printer and publisher of 'Jagran' a daily newspaper on account of certain publications made by them in the issues of 7 and 12 -11 -1952.
(2.)ACCORDING to the petitioner the publications in question amount to contempt of Court as the same are calculated to create an atmosphere of prejudice with regard to a criminal case against him" that was pending before the Additional City Magistrate, Indore.
Rule was issued by this Court thereupon to the Editor, Printer and Publisher of the newspaper 'Jagran' and thereupon the opponent Ishwarchandra Jain of Shram Shibir Indore has submitted a reply. In the reply the opponent admitted the publications of 7th and 12th November but contended that the petitioner had not disclosed in what manner the opponent has committed contempt or how was he prejudiced in the case against him by the publications in question. It was further asserted that the opponent 'thought it his duty to publish every information in regard to conduct and character of Mr. Shukla for the information of the public at large', as Mr. Shukla was a political and labour leader in the City of Indore.
(3.)IT was also asserted that, at the time of giving the letter by the complainant Nanuram addressed to the Editor Jagran for publication in the issue of 7th, the opponent was not aware of any proceedings being pending in any Court and that the other two publications are a fair and accurate report of the proceedings in Court without any undue comment.
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