HADI HUSAIN Vs. NASIR UDDIN HAIDER

JUDGEMENT

(1.) In pursuance of an order made by a Bench of this Court on 14 May 1926, Abdul Hasan Jauhar and Mohammad Ismail appeared before us, a Bench constituted by the Hon ble the Chief Justice, to show cause why either, or both of them, should not be committed to prison for contempt of Court, for that they wrote and caused to be published a pamphlet containing scandalous and defamatory matter concerning a Bench of this Court and the administration of justice in the High Court of these provinces.

(2.) Both of them appeared to show cause in person. Abdul Hasan is able to speak and to understand the English language; Mohammad Ismail is not and in consequence of this the Court directed that the opening statement, and the passages in the pamphlet complained of, should be read to both respondents in Urdu, although the proceedings were conducted in English. Such questions as the Court thought right to put to both the respondents were interpreted to them in Urdu, in which language their answers were recorded.

(3.) The matter arose out of a suit which was brought in the Court of the Subordinate Judge of Bareilly, in which the plaintiff set up a certain pedigree, and relied upon certain documents, which were rejected by the trial Court. The Subordinate Judge, Mr. Govind Sarup Mathur, decided the case by a judgment delivered on 6 March 1922, by which he dismissed the plaintiff's case holding that the evidence was false. An appeal was brought from this decision in the High Court (First Appeal No. 247 of 1922) which was decided by the Chief Justice and Mr. Justice Lindsay, who delivered judgment on 21 December 1925, holding that the evidence of the plaintiff in support of his pedigree failed, affirming the judgment of the Subordinate Judge and dismissing the appeal. On 13 May 1926 an application for leave to appeal to the Privy Council made by the plaintiff was dismissed and on the same date the attention of the Bench which dismissed that application was drawn to the pamphlet complained of, which bore date 12th February 1926, and which purported to be printed and published by or on behalf of the Muslim newspaper by the Muslim Press at Moradabad.