SUNNULAL RADHAVALLABHA Vs. YESHWANTSINGH AND OTHERS

JUDGEMENT

(1.) THIS is an appln. by Sunnulal to commit Shree Yeshwantsing Kushavahs, Shree Hariharni was Dwivedi, editors of the newspaper Nava Prabhat & Shree Vanmali Dwivedi printer of the said paper for contempt of Ct. The petn. states that Cri case No. 215 of 1950 under S. 3, Gambling Act, is pending against the petnr. in the Ct. of the Addl. City Mag. of Lashkar. The non -appct. published a news item on page 4 cols 2 & 3 in the issue of the Nava Prabhat dated 26 -5 -1960. The publication of the news is prejudicial to the interest of the petnr. & is calculated to interfere with the course of justice. This act of the non -appcts. amounts to a contempt of Ct.

(2.) THE non -appets. in their reply state that Nava Prabhat has always borne in mind that due courtesy should be shown to the Ct. & its dignity be maintained, that in publishing the news they never intended to show the slightest disrespect to the Ct. & that the news has been published purely in the interest of public welfare. The reply further states that if the Ct. considers that the news in any way causes disrespect to the Ct. they express regret & tender apology for the same.

(3.) THESE principles have been set out by the Lahore H.C. in the case of Emparor v. Mahashe Khushal Chand, reported in, A.I.R. 1945 Lab 206 : (47 Cri. L.J. 115). Reference to these principles has also been made in Emperor v. Marmaduke Pickthall, A.I.R. 1923 Bom. 8: (24 Cri. L.J. 289) & Emperor v. Murli Manohar Prasad, : 8 pat. 323 : (A.I.R. 1929 pat. 72 : 30 Cr. L.J. 741 F.B.).