REX Vs. B S NAYYAR

JUDGEMENT

(1.) The Maharaja of Kapurthala owned considerable tracts of forest lands in the Bahraich district. Some of this land in pargana Ikauna was cleared and large tenancies were created in favour of some Punjabees, who had migrated and settled down in Bahraich, some Muslims and others, including important members of the district Congress Organization. The tenants mostly reserved portions of their holdings in their own cultivation and let oat the rest to sub-tenants.

(2.) After a time trouble arose between the tenants and their sub-tenants which resulted in the forcible occupation of land, riot, murder and other crimes. The Punjabee and Muslim tenants felt that these troubles were engineered by Pandit Janardan Prasad, a so-called Communist, and Pandit Sobha Ram, the Secretary of the Ikauna Congress Committee. They began to agitate for action and expressed their readiness to offer concessions to the subtenants, and were prepared to accept only one third of the produce instead of a half or even "a fixed grain rent--as is prevalent in the tenancies of the Hon'ble Minister of Revenue, and Pandit Bhagwan Din M. L. A " With a view to get some settlement effected, the tenants approached the District authorities, the Commissioner, the President of the All India Congress Committee, and, finally, the Hon'ble Premier of the Province. In order to seek an interview with the Hon'ble Premier Mr. B. S. Nayyar, one of the tenants, wrote a letter to Dr. C. D. Pandey, on 13th June 1948. Dr. Pandey replied on 17th June abating that the Premier would grant an interview on any day between 3rd and 7th July at Lucknow.

(3.) It appears that, thereafter, the Hon'ble Premier visited Bahraich and addressed a public meeting on 25th June, and in the course of his address, he expressed his readiness to take action against all and sundry, including officials, should it be shown to him that such action was called for. Thereafter the tenants held a meeting at Bahraich on 28th of June and passed certain resolutions. They authorised Mr. B. S. Nayyar to prepare a memorandum for the consideration of the Hon'ble Premier and to send an advance copy. Mr. B. S. Nayyar accordingly prepared four documents which he described as follows: