PAT SHARPE Vs. DWIJENDRA NATH BOSE

JUDGEMENT

(1.) The appellant Mrs. Pat Sharpe is a journalist of some repute and is in the journalistic line for about quarter of a century. She was a columnist and made regular contribution for about a year to a weekly journal published from Bombay, bearing the name "Women's Own Weekly". She enjoyed a special status there and in fact a whole page was exclusively reserved in that journal for her contributions and was styled as "Pat's page". The page devoted to her writings was sub-divided into five items, namely, 'Epigram for the week', 'Candid comments', 'Laugh', 'Beauty scrap book' and 'Cookery nook'. The offending article bearing the heading 'Bengali' was published in the 'Pat's page" of the journal on the 13th of January, 1962 under the item 'Candid comments'. The article contained a scurrilous attack on the Bengalis and the city of Calcutta. The portion of the article which has been conceded by Mr. Pankoj Kumar Ghosh, learned Advocate for the appellant, to be of highly defamatory character, is a follows:

(2.) The meaning of the word "traitor" as given in the Oxford Dictionary is 'one who violates has allegiance or acts disloyally to (country, king)'. The word 'quisling' was coined at the time of the last World War No. II and the meaning of the word has been given in the above dictionary as 'person co-operating with an enemy who has occupied his country'. Quisling was the name of a renegade Norwegian Army. The name of Subhas Chandra Bose is held in high esteem and reverence in this part of the country and renowned all over India as a valiant fighter for the freedom of his country and as the founder of 'Indian National Army'. To call such a noble son of India as a 'traitor' and a 'quisling', is the height of impudence and grossly abusive of the great name.

(3.) The respondent Dwijendra Nath Bose is the son of the eldest brother of Subhas Chandra Bose. He at first brought an action against N.J. Hamilton who was at the relevant time the editor, publisher and printer of 'Women's Own Weekly', under Section 500 of the Indian Penal Code and process was issued against him by the Chief Presidency Magistrate, Calcutta, on the 7th of February, 1962 under the said section. Mr. Hamilton appeared and pleaded guilty. He expressed his sincere regret for the publication and was convicted under the section and fined Rs. 200/-.