K R MALKANI Vs. STATE

JUDGEMENT

(1.) This petition is urged against the order dated the 15th of March, 1971, made by the court below while disposing of Criminal Revision No. 91 of 1969. The order discloses acomplete disregard on the part of the Additional Sessions Judge, Delhi, of the impugned publication as well as the evidence of Dr. R. S. Parshad P.W. 2. It was the elementary duty of the court concerned with the judicial determination of the fate of the petition pending before it to go deeply into the publication, a portion whereof has been exhibited as X/l and to go thoroughly through the evidence of Dr. R.B. Parshad P.W. 2. That is emphasised for the reason that P. W. I as such did no prove anything beyond this that while Shri Brij Bhushan was the Printer and Publisher of the Weekly, Shri K. R. Malkani was the Editor according to the declaration filled by Shri Brij Bhushan on 7th July 1967. It was the testimony of Public Witness 2 which the prosecution was solely depending upon. I have gone through the entire statement of that witness. I am constrained to observe that the impugned order does not disclose any intimate knowledge of the statement of Public Witness 2.

(2.) In order to appreciate whether the petitioners committed or not any offence within clause (c) of section 505 of the Indian Penal Code. it is necessary to reproduce the entire publication. The despatch with which the case is concerned is under the heading "THE BITTER TRUTH ABOUT RANCHI". It is elementary that Ranchi is an important city and the publication is confined to the portion marked as Exhibit X/l. It is :-

(3.) The riots which began in Ranchi on August 22.... and continued for nearly four days should open the eyes of all patriotic people of India and of the Central and State Governments.