PURUSHOTTAM VIJAY Vs. STATE

JUDGEMENT

(1.) This is an appeal by Purushottam Vijay, Editor of the daily called "Indore Samachar" from a conviction under Section 500 I. P. C. with a sentence of fine of Rs. 500/- with imprisonment in default for one month. The offending article was a longish editorial on the 3rd August 1955, entitled, "This delay in the appointment of the I. G. Police," charging the Government of Madhya Bharat and one of the Ministers, Shri Narsingh Rao Dikshit, of regionalism (Pradeshikata). The case, probably the first in the State of Madhya Bharat, lias been tried under the new Section 198-B of the Criminal Procedure Code, by the Sessions Judge, Indore.

(2.) Actually two complaints were filed and were tried jointly; one in regard to the leading article of 3-8-1955; and the other in regard to a news-item published in the same pacer on the 30th July. However, the appellant has been acquitted of the charge relating to this latter item. In addition to this appeal, there is an application by the State for enhancement of sentence, and another, an appeal under Section 417 of the Criminal Procedure Code from the acquittal in respect of the other charge; the iormer has been heard along with, and the latter has been kept pending disposal of, the present appeal.

(3.) The authorship of the article having been admitted, the question is whether the defence ot Exceptions II and III to Section 499, Indian Penal Code has been established by satisfaction of the tests of the substantial correctness of the facts, the fairness and restraint of the comments, the absence of private malice, and finally, the criticism being in public interest, -- on a matter of public importance. The law on the subject has been set out at some length by the parties; but really, there is no controversy in regard to the principles applicable, the controversy being on their relevance to the facts of the present case. The events described are now of very little consequence, having become, as it were, ancient history by lapse of time and in view of the States Reorganisation Act of 1956. Still, the case itself has been fought by both parties with extreme keenness and with very considerable public interest. This is only natural as the allegation made and repudiated, is that the Home Minister of the Madhya Bharat at that time, Shri Narsinghrao Dixit, had succumbed to, -- what might truly be described as the original sin of Indian Public life, one's obsession with bias in favour of persons belonging to his own locality.