STATE Vs. BISHAN DAS SURI

JUDGEMENT

(1.) The respondent, who is a pleader, second grade, practising at Theog, within the jurisdiction of this Court, was convicted by the Magistrate second class, Theog (Sri Chattar Singh), of an offence under Section 451, I. P. C., on 1-7-1955 and released after admonition under Section 562U-A), Criminal P. C. On 22-7-1955, the respondent sent a post-card to the Magistrate by name, portions of which are reproduced below:

(2.) When this case was called up on the 3rd instant, a written-statement was filed by the respondent, wherein he contended that he was not guilty of any contempt of Court and the postcard in question contained comments which were fair, justified and not calculated to impede the course of justice.

(3.) The Special Government Advocate for the State argued that the contents of the postcard constituted gross contempt, inasmuch as the Magistrate was accused of being revengeful and foolish and further, he was called upon to show cause why he should not be "exposed" by means of a pamphlet. Pandit Dhyan Chand for the State argued that these cannot be regarded as fair or justifiable comments made in good faith He also relied upon the following rulings:--