R SANKAR Vs. STATE

JUDGEMENT

(1.) THESE appeals are from convictions under Section 500 I. P. C. in respect of the same article, first published in one newspaper and then reproduced in another. The appeals have been heard together since they involve the same questions and they may be disposed of by a common judgment.

(2.) THE accused in Crl. Appeal 81 of 1958 from C. C. 3 of 1957 is the editor, printer and publisher of a Malayalam daily of Trivandrum by the name of "pothujanani". In the issue of the 21st August 1957 of this newspaper there appeared the article. Ext. P. 1 (a), attacking Sri V. R. Krishna Iyer, the Minister for Law and Electricity of this State. The article purported to be from the newspaper's own correspondent and it may be translated thus:

(3.) THE Minister issued a denial in the form of a press release, and in Ext. P-17 dated 22-8-1957 the statement he then made, he averred that he had had nothing to do with the appointment of Harihara Iyer and that, in fact, he was unaware of the existence of such a man. The Chairman of the Electricity Board, which is an autonomous body constituted under the Electricity (Supply) Act (Central Act 54 of 1948), also issued the press statement Ext, P-13 dated 22-8-1957, asserting that it was he that had made the appointment and denying that the Minister had had anything to do with it. The Minister's denial was published in the issue of the paper of the 23rd August as Ext. P-2 (a), and so was Ext, P-2 (b), an extract of the Chairman's statement. Alongside these were published Ext. P-2 (c), a rejoinder by the paper's correspondent to the effect that inquiries made by him showed that all the averments in Ext. P-1 (a) were true, and Ext. P-2 (d) an editorial asserting that every word of Ext. P-1 (a) stood completely proved, repudiating the denial by the Minister and the denial which it said the Chairman was got to make, and twitting the Minister on his unnecessary and unjustified display of touchiness. On 24-8-1957, the Minister sent the lawyer's notice, Ext. P-3, to the accused calling upon him to make a public withdrawal of the allegations within three days of the receipt of the notice on pain of legal action. This notice the accused ignored and, on 12-9-1957, the Public Prosecutor, Trivandrum, acting under Section 198b Crl. P. C. made a complaint to the Court of Session, Trivandrum, charging the accused with offences punishable under Sections 500 and 501 of the Indian Penal Code. He did this (with a view to compliance with Section 198b (3) (b) Crl. P. C.) after obtaining the written sanction, Ext. P-5 dated 4-9-1957, signed by the Chief Secretary in his capacity also as the Secretary to the Council of Ministers.