HIREN BOSE Vs. STATE

JUDGEMENT

(1.) "Darpan" is a weekly newspaper published in the Bengal language. The contemnor, Hiren Bose, is the Editor, Printer and publisher of the weekly, all in one. In the issue of the weekly paper dated September 15, 1967, there appeared an article headed "Demonstration in the High Court. Revolt of the exploited masses against the law in force." At the sitting of the Special Bench on September 19, 1967, then engaged in hearing certain applications against "gherao" practiced by certain labourers against the management and the managerial staff of certain concern, Mr. A. K. Dutta, Advocate, brought the article to the notice of the Special Bench. The article was also brought to the notice of the Special Bench by Mr. Samiran Sen, Registrar, Original Side of this Court. The article appears to have been written in the context of an exhibition of 'gherao' inside the court room No.1 and the noisy demonstration held inside and outside the court premises by certain persons. Upon reading the article, the Special Bench felt that the article was contumacious in nature and suo motu issued a Rule against the Editor calling upon him to show cause why he should not be dealt with or committed for contempt of court. The Rule was made returnable on September 26, 1967.

(2.) On being served with the Rule, the contemnor appeared before this Court on September 26, 1967, and asked for time to use an affidavit showing cause. The matter was thereupon adjourned till November 6, 1967, that is to say, until the re-opening of this Court after the long holidays. The contemnor did file an affidavit, dated November 4, 1967. In paragraph 1 of the said affidavit he tendered an unqualified apology. In paragraph 3 of the said affidavit, however, he pleaded the following justification for publishing the article :-

(3.) Before I deal with the affidavit and the apology tendered by the contemnor, I propose to deal with the article published in 'Darpan'. In my reading, the article has been written in bad taste and is the product of confused thinking. The language used in the article is ill-temperate and disparaging to the dignity of this Court. The article accuses the Chief Justice of this Court, (a) of being a puppet of the law, and (b) of sitting down and getting up (i.e. moving) within the frame-work of a grinding machine meaning the present legal system.