RAM KUMAR SHUKLA Vs. STATE

JUDGEMENT

(1.) THIS is an application of revision filed by Sri Ram Kumar Shukla, who is the editor of a Hindi weekly paper entitled 'yogantra' which is printed and published at Kanpur. Sri Shukla has been convicted under Section 500 I. P. Code and sentenced to six months' simple Imprisonment and a fine of Rs. 500/- in default further simple imprisonment for six months

(2.) THE charge against the applicant was that in the issue of the Yogantra dated the 29th of august. 1948, he published an article which was printed under the name of 'vishwa Bharati' which contained defamatory allegations against Sri S. P. Mehra, who is the editor of another english Weekly paper entitled 'citizen', which is also printed and published at Kanpur. Sri mehra, apart from being the editor of this English Weekly, is also the Honorary Secretary of the anti-Tuberculosis Association of Kanpur since its inception in 1946. It was the character of Sri mehra as the Honorary Secretary of this Association which was assailed in this article. When this article appeared in the paper, Sri Mehra sent letter to the applicant drawing his attention to the defamatory matter contained in thin article and asked him to disclose the name of the contributor of this article. He also asked him to apologize for the publication of the defamatory article. The applicant neither apologized nor disclosed the name of the, contributor. He took shelter behind some alleged journalistic ethics and further stated in his reply that there was no defamatory allegation contained in this article and the lawyer who gave this notice on behalf of Sri Mehra was wrongly instructed by his client. Sri Mehra then had to file a criminal complaint against the applicant on the 16th of October, 1948.

(3.) TO understand the case in its proper perspective it is desirable to give its history and background. The Anti-Tuberculosis Association, Kanpur, came into being in the year 1946 and sri Mehra was an ardent worker who secured donations from various persons and institutions and raised a substantial fund. In the beginning one Dr. Sharma was the Medical Superintendent attached to this Association. Sometime about the year 1948 the relations between Sri Mehra and dr. Sharma became strained. Dr. Sharma was suspected of having embezzled the funds of the association and a regular inquiry was instituted against him. As a result of this inquiry Dr. Sharma was removed and later on he was also prosecuted. This was not liked by a group of persons who were the supporters of Dr. Sharma and they first tried to capture the control of the Association. The elections of the Association were to take place shortly and an attempt was made to have a large number of persons elected as primary members of this Association, so that with the help of their votes the Managing Committee should be packed with their nominees. Sri Mehra and his supporter wire were in the majority in the managing Committee of the Association realized the danger of recruiting the many members. The applications of several persons who applied for membership were not accepted. That made the feelings between the two groups still worse. On the failure of this move a campaign against the character of Sri Mehra was started. Letters and articles started appearing m the press in which various allegations were made against Sri mehra by the contributors. Pamphlets were also issued in support of Dr. Sharma and some of these pamphlets are filed by the applicant and exhibited in the case. All the pamphlets which are cat the record of the case have been printed at the 'yogantra Press'. This shows that the Yogantra press and those who were in charge of it had taken sides with Dr. Sharma in this, controversy and were his ardent supporters.