BANKIM CHANDRA, PAIRA Vs. ANAND BAZAR PATRIKA

JUDGEMENT

(1.) THIS Rule was issued upon the Editor, Printer and Publisher of the Ananda Bazar Patrika and the Swaraj O Sangathan to show cause why they should not be committed for contempt for publications in their respective newspapers of news items published on 5th July 1949 and 8th July 1949 respectively under the captions "Narayangarh -Midnapore" and "Paddy looted during broad day light". The Ananda Bazar Patrika is a very influential and popular Bengali daily published from Calcutta and enjoying a very large circulation amongst the Bengali speaking population of this province and also beyond its borders. The Swaraj O Sangathan is also an influential Bengali Weekly published by the District Congress Office, Midnapore.

(2.) AN official translation of the publication in the Ananda Bazar Patrika runs as follows : "Narayangarh (Midnapore) Trouble created by Communists -The Communists looted away about 70 maunds of paddy in broad day -light from a paddy granary of Laxmi Narayan Prodhan in village Kajichak within the police station of Narayangarh during his absence on 17th May 1949 last. The Police -men of the Thana came to investigate and on their taking one of the accused persons into custody the extremists attacked the Police and the owner of the house in an organised manner and surrounded the village. Late in the night higher police officials with 50 armed police -men came and rescued them and left behind 12 Police -men in apprehension of a breach of the peace in the village. At present 50 accused persons who are on bail are creating panic in various ways within the village. It is only a few days that the Police force for maintaining peace had been withdrawn elsewhere, meanwhile, paddy was stolen from the granary of a witness named Gobinda De on 28th of June last, during the night. It is desirable that either the bail bonds of the accused persons should be cancelled till their trial is finished or arrangements made for providing Police guards".

(3.) THE corresponding publication in the Swaraj O Sangathan runs thus : "Paddy looted during broad day light. The Communists looted away about 70 maunds of paddy from the paddy granary of Lakshmi Narayan Prodhan, in village Kajichak, in broad day -light on 17th May 1949 last. The Police Officers of the thana who came to investigate took one of the accused persons into custody, whereupon the extremists attacked the Police men and the owner of the house in an organised manner and surrounded the village. Late in the night higher police officials with 50 armed constables came and rescued them. They left behind 12 constables in apprehension of a breach of the peace in the village. At present 50 accused persons who have been released on bail are creating panic in various ways in the village. It is only a few days that the Police force for maintaining peace had been withdrawn elsewhere, meanwhile paddy was stolen from the granary of a witness named Gobinda De on 28th June 49 last, during the night. In the circumstances some are of opinion that either the bail -bonds of the accused persons should be cancelled till their trial is over or arrangements made for providing police guards. Sri Priyanath Prodhan Head Pandit Arjuni Deshabandhu Vidyapith, P.O. Belda, Dt. Midnapore."