BARINDRA KUMAR GHOSH Vs. STATE

JUDGEMENT

(1.) THESE two Rules were issued under an order of the Chief Justice on the 11th March, 1958. By one Rule Barindra Kumar Ghose was directed to attend before this Court in person on this day the 18th of March, 1958 and to show cause either in person or by Advocate why he should not be committed or otherwise dealt with for contempt of this Court committed by addressing and causing to be delivered to the Chief Justice at his private residence a letter dated the 8th of March, 1958 and thereby attempting to interfere with the course of justice in Suit No. 1947 of 1950administrator General of West Bengal v. Basudev Mukherji pending in the court of Mitter, J. By the other Rule Sambhu Nath Mukherji of 22 Park Lane, Calcutta was directed to appear before this Court in person on this day the 18th of March, 1958 and show cause either in person or by Advocate why he should not be committed or otherwise dealt with for aiding and abetting Sri Barindra Kumar Ghose, Editor, Daily Basumati, in committing contempt of this Court by carrying and delivering at the private residence of the Chief Justice on the 8th of March, 1958 a letter written by the said Barindra Kumar Ghose and also for committing contempt of this Court himself by verbally asking the Chief Justice to intervene as Chief Justice in Suit No. 1947 of 1950administrator General West Bengal v. Basudev mukherji and to induce Mitter, J. to hold up judgment in the case. Both Barindra Kumar Ghose and Sambhunath Mukherji have appeared before us in accordance with the direction in the Rules.

(2.) AFFIDAVITS affirmed by them have been filed in court before us. Barindra Kumar Ghose in his affidavit tenders "a humble and unqualified apology for writing and addressing the letter set out in the judgment". He adds therein that the letter was written without reflection on his part and without realisation of the nature of the act, that it was never his intention to obstruct administration of justice, that for the time being he was overwhelmed by his sympathy for Basudev Mukherji and the sufferings of his family and was actuated by no intention of committing any wrongful act. He repeats thereafter his unqualified apology.

(3.) THE facts are thus not in dispute. As set out in the judgment of the Chief Justice for the order directing the Rule, the Chief Justice was working in his office room when two young men came to see him, one of them giving his name as Sambhu Nath Mukherjee, that thereafter a closed envelope containing the letter which has been marked with the letter "b" was handed over to him by one of them. This letter has been examined by us. In this the writer who signs his name as Barindra Kumar Ghose and adds after his signature the words "editor, Daily Basumati", refers to suit No. 1947 of 1950administrator General of Wast Bengal v. Basudev Mukherji and draws the notice of the Chief Justice who was addressed in the letter as "my dear Phani Babu", to the helpless condition of Basudev Mukherji describing him as his intimate friend. After stating that this Basudev is a bed-ridden patient and his daughter is laid up with paralysis, the writer adds: