SUPERINTENDENT AND REMEMBRANCER OF LEGAL AFFAIRS Vs. MURALI MANOHAR PRASAD

JUDGEMENT

(1.) On 16 August 1940 an application was filed in this Court by the Superintendent and Remembrancer of Legal Affairs, Bihar, praying that this Court should issue notice on the opposite party, Mr. Murali Manohar Prasad, calling upon him to show cause why he should not be proceeded against for contempt of Court, and, after hearing the opposite party, to make such order or orders as this Court might think fit. Exhibited to that application were copies of certain articles alleged to have been print, ed in a newspaper called the "Searchlight" of which the opposite party is the editor.

(2.) On 19 August 1940, the application was placed before the present Bench. We considered the matter and directed that a rule should issue calling upon the opposite party to show cause why he should not be proceeded against and convicted of an offence of contempt of Court. In answer to that rule the opposite party has appeared, and the case has been fully argued before us. The facts of the case are practically undisputed. On 26 July 1940, an incident occurred at Dinapore which resulted in the death of a young Indian man. In the issue of the "Searchlight" dated 27 July 1940, in fact published on 26 July 1940, this incident is shortly referred to. The paragraph in the newspaper was headed- Brutal Assault on Indian.Alleged Exploit of British Soldier. Injured man expires in Hospital.

(3.) The article merely mentions that great sensation prevailed at Dinapore where a man is alleged to have been knocked down and severely assaulted by a Tommy. It is also stated that Mr. M. K. Sinha, Superintendent of Police, Patna, was personally investigating the case. There is nothing in this article which can in any way amount to contempt of Court. It is only important because it shows that the writer realized that proceedings might well follow because he himself states that the Superintendent of Police was personally investigating the case. Some time between 26 and 27 July 1940, one Private Barney of the Lincolnshire Regiment, which was stationed at Dinapore, was arrested by the police as being the person responsible for the unfortunate death of this young Indian man. In the issue of 28 July 1940, which was published on 27 July 1940, two articles appeared in the "Searchlight" newspaper. The first article was headed- Alleged Fatal Assault By A TommySome details of Dinapore incident.