ASOKE KUMAR SARKAR Vs. RADHA KANTO PANDEY

JUDGEMENT

(1.) This a Rule in contempt. Sri A.K. Sarkar, Editor, Anandabazar Patrika and Sri Suresh Chandra Bhattacharya, Printer and Publisher, Anandabazar Partrika are the petitioners who obtained this Rule to commit to prison these four persons, (1) Radha Kanta Pandey, (2) Monoranjan Bhowmick, (3) Ratan Maheswari and (4) S.C. Chowdhuri. The first three opposite parties are representing the Soulmari Ashram and Sri S.N. Choudhuri, the fourth opposite party is their Solicitor on record.

(2.) The main and the only ground for contempt is stated to be a letter written by the Solicitor opposite party S.N. Chaudhuri to the petitioner dated 16th August, 1965 in which the Solicitor under instructions from the first three opposite parties and members of the Soulmari Ashram, complained of an item of news made, printed and published by the said Paper which was alleged to be defamatory. The letter of the Solicitor in the penultimate paragraph stated.

(3.) The contention is that this Solicitor's letter is a contempt of the Court of the Sub-Divisional Magistrate, Jalpaiguri where a complaint is pending against the two petitioners in this Rule and another Sri Amiya Nath Bose. The complaint pending before the Sub-Divisional Magistrate is under Section 500 of the Indian Penal Code. The Soulmari Ashram represented by Mr. Monoranjan Bhowmik filed this complaint under Section 500 of Indian Penal Code complaining against the publication on the 3rd November 1964 in the Third Dak Edition of the Daily Issue of the newspaper the Anandabazar Patrika of a particular news item mentioned in paragraph 7 of the annexure to the petition here. It was stated in the petition of complaint that Soulmari Ashram represented by Monoranjan Bhowmick were the aggrieved persons within the meaning of Section 198 of the Code of Criminal Procedure. In that complaint the complainants asked for cognizance of the case and issue of a process against the accused persons under Section 500 of the Indian Penal Code directing them to appear before the Court and stand trial, the accused persons there being the two petitioners here namely the Editor and the Printer of the Ananda Bazar Patrika and another Sri Amiya Nath Bose.