DIWAN CHAND CHAUDHRY Vs. K. NARENDER

JUDGEMENT

(1.) IN this case notice was issued to Shri K. Narender to show cause why he should not be punished for contempt of Court on the petition of Chaudhry Dewan Chand. President District Congress Committee, Simla. Shri K. Narender is the editor, printer and publisher of Partap Newspaper, Delhi. On the report of Dr. N. L. Verma, Dentist of Simla the Simla Police registered a case under s. 406, Penal Code, against Chaudhry Diwan Chand petitioner and his son Shri Narender Nath. The report was made on 27th June 1949, and Shri Narender Nath was arrested at Kalka on the same day. In the investigation of that case the police raided the Local Congress Office and from there took into possession certain documents. The police also searched the house of Chaudhry Dewan Chand in village Dhilwan, Hosharpur District. After having completed the investigation the police recommended to the District Magistrate, Simla, that the report made by Dr. N. L. Verma was false, with the result that the case against Chaudhry Diwan Chand and Shri Narender Nath was dropped and a complaint under Ss. 182 and 211, Penal Code, was instituted against Dr N. L. Verma.

(2.) THE case states that during the pendency of the investigation Shri K. Narendra respondent published articles in the Partap newspaper on 1st July 1949. 17th July 1949, 20th July 1949 and 6th May 1950 which amount to contempt of Court. Mr. Harbans Singh Guiral, learned counsel for the petitioner, frankly concedes that there is nothing in the news -item appearing in the Partap newspaper of 1st July 1949, which comes within the law of contempt. Then the news -item appearing in the Partap newspaper of 20th of July 1949 reproduces the report made by Mr. Balwant Singh Under Secretary Rehabilitation Department Punjab State with regard to the inspection of Evacuee Property Accounts maintained by the Assistant Custodian, Simla. Mr. H S. Gujral, however, urges that the words "It can, therefore, be asked whether these articles were also taken for ruined refugees" refer to the embezzlement case against Choudhry Diwan Chand initiated on the report of D. N. L. Verma and tend to prejudice mankind against Chaudhry Diwan Chand and Shri Narander Nath, Shri K. Narendra, however, has placed on the record of this case a copy certified to be true, of the report made by Mr. Balwant Singh, Under Secretary, Rehabilitation Department, Punjab States, Paragraph NO. 1 of that report reads:

(3.) APPLYING , however, the test laid down by Lord Hardwicke in Roack v. Garven,, (1742) 26 E. R. 683 (2 AT K 469) I entertain no doubt that the words "Shahid Congress leader" used in the heading of the news item amount to a contempt of Court. In that case Lord Hardwicke said :