RAMESH CHANDER Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Ramesh Chander, who has been convicted by learned Sessions Judge, Jullundur, under Section 500 of the Indian Penal Code, and has been sentenced to pay a fine of Rs. 300 or in default to undergo simple imprisonment for a period of three months.

(2.) THE brief facts of the case are that a report, English translation of which is as follows, was published in the issue, dated 19th September 1957 of the Hind Samachar, Urdu Daily of Jullundur:-" how nepotism is indulged in under Kairon Government: For giving promotion to a favourite officer, the Chief Conservator of Forests granted leave: in the said Officer's Range, there has taken place misappropriation of timber worth lakhs of rupees but no enquiry has been held. Chandigarh: September 18: From a very reliable source it has been learnt that important changes are likely to take place very soon in the Forests Department of the Punjab Government. It is said that the present Forest Minister of the Punjab is not pleased with the work of the Chief Conservator. Hence he has been asked to get leave preparatory to retirement. In his place is being posted the present Conservator, Sardar G. S. Dhillon and in place of Shri Dhillon S. Bachan Singh, Divisional Forests Officer, Amritsar, will be appointed as Conservator. It is said that all these changes are being effected only because the Minister has deep interest in a high officer and he wants to get him promotion. This officer is the same about whom the Hind Samachar had disclosed recently that in his Division there had taken place misappropriation of timber worth laks of rupees which had been caused to be removed unlawfully through contractors. When the Range Officer made a complaint to this effect the said department, instead of any action being taken he was transferred to Karnal. And no enquiry is being held in this connection up till now because the Minister concerned is sitting over the whole case. He neither publishes the report nor gets an enquiry held into it. " Ramesh Chander accused was the Printer and Publisher of the Hind Samachar on 19th September, 1957. On 25th November 1957 Shri Mangat Rai, Secretary to the Council of the Ministers of the State of Punjab, gave sanction Exhibit P. B. under Section 198-B of the Code of Criminal Procedure for the prosecution of the accused under Section 500 of the Indian Penal Code. It was recited in the sanction that the Secretary was satisfied that the report in question contained statements defamatory of Shri Gurbanta Singh, Forest Minister, Punjab, in respect of his conduct in the discharge of his public functions, and as such the accused had committed an offence punishable under Section 500 of the Indian Penal Code. Complaint under Section 500 of the Indian Penal Code was thereafter filed by the Public Prosecutor in the Court of Sessions Judge, Jullundur, on 15th March 1958, on the allegation that the accused had intentionally printed and published the above report which contained statements defamatory of Shri Gurbanta Singh in respect of his conduct as Forest Minister, Punjab, in the discharge of his public functions. The accused was further stated to have circulated the above report amongst the public. Prayer was, accordingly, made for the trial of the accused for the offence under Section 500 of the Indian Penal Code.

(3.) AT the trial the accused admitted that he was the Printer and Publisher of the Hind Samachar on 19th September 1957. As regards the publication of the news item in question the accused stated that he did not control the news department and it was the responsibility of the Editor to select, verify and give the news for publication in paper. According to the accused the news item in question was published without his knowledge and he came to know of it after it had been published. The accused added that on enquiry from the Editor it was found that the news item had been published in good faith and in the interest of the public as the news item was believed by the Editor to be correct. The accused also expressed regret in case any part of the news item was found to be incorrect. The present prosecution was ascribed by the accused to political differences between the Chief Minister Sardar Partap Singh Kairon and his father Shri Jagat Narain.