RATNAKAR JHA Vs. KRISHNA SEWAK AGARWAL

JUDGEMENT

(1.) THIS petition under the Contempt of Courts Act was originally filed by Shri Ratnakar Jha, Public Prosecutor and President of the Municipal Committee, Durg, against Shri K. S. Agarwal, owner, editor, printer and publisher of 'zindgi', a weekly paper, and Shri K. N. Jha, printerco-publisher, and co-editor of the same paper. Shri Dwarka Prasad, brother of Shri K. S. Agarwal, was subsequently joined as a non-applicant as owner of the press and paper.

(2.) THERE had been, according to the petitioner, rivalry and ill-will between Shri K. S. Agarwal and himself for some years; and Shri K. N. Jha had sided with his employer Shri K. S. Agarwal. On the 1st May 1952 the paper contained a long article against the petitioner and his family; and on the 18th August 1852, prior to municipal elections, it published a conversation between two imaginary persons which was extremely disparaging to him. On the 28th September 1952 Shri K. S. Agarwal was attacked; and on the 3rd October 1952 the police registered a case under Section 325 of the Indian Penal Code against the petitioner who was arrested on the 9th October 1952 and enlarged on bail. On the 11th October 1952, Blitz, a Bombay paper, published an article which, according to the petitioner, scandalized him at Shri K, S. Agarwal's instance; and the Nagpur Times of the 14th October contained an article concerning the alleged attack on the 28th September 1952. The Diwali number of Naya Khoon also contained an article with regard to the incident.

(3.) THE issue dated the 27th October 1952 of 'zindgi' contained a letter from 'local correspondent Durg' which referred to the nefarious activities of the petitioner's son, the petitioner's attack on Shri K. S. Agarwal with a cane, threats by his supporters, tutoring of witnesses, and undue pressure on prosecution witnesses. This article contained in the middle a panel in which Shri K. S. Agarwal thanked those who had indicated their sympathy for him after the attack. On the 31st October 1952 the case against the petitioner under Section 325 of the Indian Penal Code was challaned, and on the 10th November 1952 the following matter appeared in the 'zindgi': A Public Prosecutor is a Government Servant' To - The Editor, 'if the Government themselves start a case against Public Prosecutor, Government should remove that pleader from that post till the decision of the case because a Public Prosecutor is a Government Servant. 'the British Government had suspended the High Court Judge of Madras when a case under Section 304, Indian Penal Code was started against him. He was a European and he was challaned for the alleged offence of killing one Indian boy. When a Public Prosecutor has been challaned and he is not removed from the post of Public Prosecutor and is conducting cases against the accused persons there are many things which can arise in the mind of the Public. Our National Government and other parties who work for the good of people may solve this basic problem and take a step in the interest of justice. Yours One Citizen. 'challan of the Municipal President and Public Prosecutor Ratnakar Jha presented'. 'after enquiry the Durg Police presented challan of Ratnakar Jha Public Prosecutor and Municipal President of Durg in the Court of Shri Bisen Magistrate Second Class (for offence) under Section 325, Indian Penal Code. On the Dashahre day Shri Jha attacked Shri Krishna Sewak Agarwal, Pleader, Journalist, Ex-Chairman Janpad Sabha, Bemetara with a thick cane stick and broke his skull. The case is fixed for the 22nd November 1952. Shri Agarwalji has requested the Government to appoint some special pleader for conducting this case. This will enhance the Government's prestige because the case is an important one and the accused is President of several institutions. It is heard that Shri Jha has started a case against Shri Krishna Sewak Agarwal and Shri Kedarnath Jha Chandra under Section 500, Indian Penal Code.