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1953 DIGILAW 66 (PAT)

State Of Bihar v. Ram Briksh Benipuri

1953-04-15

MISRA, REUBEN

body1953
Judgment Reuben, J. 1. This is an application in contempt. Sri Ram Briksh Benipuri, opposite party 1, is the editor and Sri Chandradeo Prasad Verma, opposite party 2, the printer of a daily journal the Janata published in Patna. The proceeding relates to a news item which appeared in the paper on 2-12-1951 under the Caption "United Conspiracy of Zamindars, Congressmen and Government officers. Lives of the Cultivators of Piparia in Danger. They are being ruined by being implicated in false cases". 2. It appears that for some time there has been ill-feeling and trouble between tenants and landlords in the Piparia Diara which culminated on 30-10-1950, in a clash between the men of the two sides and two criminal proceedings based on the counter versions of the two parties were instituted. After preliminary inquiry in both these cases orders committing them to the Court of Session for trial were passed on 17-5-1952. It is clear therefore, that at the time when the news item in question was published the two cases were pending before the Magistrate. 3. The news item which purports to be from some correspondent of the paper states that in Piparia elaka a dispute between the landlords and the tenants has been going on for about four years and that, when the "tyrant Zamindars of the loca-lity" saw they could not gain their ends by the use of the lathi, they decided to ruin the cultivators and force them to surrender their lands by implicating them in false cases instituted against them with the help of Government officers influenced by the local Congress workers. In pursuance of this plan, it is stated, a batch of armed police has been sent to the locality to help the zamindars. Details are then given of various ways in which the Sub-Inspector and the constables who compose this party of armed police are oppressing the tenants. The report goes on: "The Sub-Inspector of police himself and his constables take part in the loot of the crops of the cultivators along with the zamindars, and on the opposition put forth by the cultivators they on the contrary hold out threat to arrest them. Not only this, at present a case is proceeding against the Zamindars for committing murder of two cultivators and for looting their houses." 4. Not only this, at present a case is proceeding against the Zamindars for committing murder of two cultivators and for looting their houses." 4. The correspondent then proceeds to refer to personal assaults said to have been on witnesses supporting the side of the tenants and states that the authorities either take no action on the complaints made to them on behalf of the tenants, or if they do entertain the complaint declare them to be false. Among other incidents reference is made to the attachment of the cattle of one man on the basis of an attachment order issued against another and to the loot of the kurthi crops of some other tenants by the lathials of the zamindars in which the local Sub-Inspector of Police is stated to have taken part. The correspondent ends with a prayer to Government officers of all ranks to immediately pay attention to this and to take proper action so that wealth, life and honour of the poor may be saved and they may be satisfied." 5. No serious attempt has been made before us to deny that the statements contained in this report are a contempt of Court. To take only one of the statements which at first sight may appear to be merely a statement of fact, I would refer to the sentence which I have cited above: "Not only this, at present a case is proceeding against the zamindars for committing murder of two cultivators and for looting their houses." 6. In itself this would appear to be innocuous, but taken in its context which is concerned with the manner in which, according to the correspondent, the zamindars with the help of the Congress workers and local officers are oppressing the tenants it suggests that the zamindars have not only done what has already been stated, but are also responsible for murder and loot, that is to say, that the case then pending against them is a true one. It is hardly necessary to add that the inevitable effect of the other facts mentioned in the report would be to incline anybody who reads them to become prejudiced against the zamindars and in favour of the tenants. I say this is the tendency because the correspondent speaks of the things which he mentions as if they are true. 7. It is hardly necessary to add that the inevitable effect of the other facts mentioned in the report would be to incline anybody who reads them to become prejudiced against the zamindars and in favour of the tenants. I say this is the tendency because the correspondent speaks of the things which he mentions as if they are true. 7. In view of the circumstances which I have mentioned the opposite party have relied mainly on the tender of what they call an unqualified apology. In paragraph 5 of their petition, however, they try to justify themselves and repeat some of the allegations contained in the report: "5. That the reference to the murder case against the Zamindars was an allegation that some of the prosecution witnesses, were threatened with assault about which various sanahas were lodged and complaints were sent by registered post but in vain and further that one of the witnesses namely Jangli Mahton had been seriously assaulted by the lathials of the zamindars and he had to remain in hospital for months and that the police at first refused to institute any case at all and even when they did they declared it to be false and submitted final report." This can hardly be called an unqualified apology. 8. Apart from this consideration, I think that this is not a case where the Court should be con-tent with merely recording its displeasure. There have been several instances recently where con- tempt of some kind or other of a Court has been committed and it would not do to create an impression that all that the offender has to do in order to get off is to come into Court and tender an apology. At the same time, taking all the circumstances into account, particularly that the offending statements emanated from a correspondent and were not contained in an article for which the editor was directly responsible, I think it is sufficient that a small fine be imposed. 9. For the reasons I have given I would hold Sri Ram Briksh Benipuri and Sri Chandradeo Pra-sad Verma guilty of contempt of Court and impose on the former a line of Rs. 100. As Sri Chandradeo Prasad Verma is merely the printer of the paper we do not think that in this case it is necessary to impose a fine upon him. He is discharged after due admonition. 100. As Sri Chandradeo Prasad Verma is merely the printer of the paper we do not think that in this case it is necessary to impose a fine upon him. He is discharged after due admonition. Misra, J. 10 I agree.