K D GHOURI Vs. BHOIO MOTAWANI

JUDGEMENT

(1.) THIS is a reference by the Sessions Judge Aimer recommending that the sentence of fine of Rs. 50/- passed against the respondent No. 1. accused Bhojo Motwani. Editor, 'matribhumi' Aimer under Sections 500 and 501 I. P. C be enhanced to a substantive sentence of imprisonment for a period of six months and a fine of Rs. 200/ -. Mr. Balkishan Mohanani has appeared before us on behalf of the accused Motwani. He has expressly stated that his client to whom notice has been Given of showing cause why his sentence should not be enhanced does not wish to show cause against his conviction. He has, however urged that the sentence passed by the learned Additional Munsiff-Magistrate First Class. Aimer City East cannot be said to be grossly inadequate and therefore the reference must be reiected. On the other hand Mr. Amrit Kumar appearing for the complainant Shri K. D. Ghouri has hotly contested that the sentence of a fine of Rs. 50/only imposed by the learned trial court is grossly inadequate and therefore the reference must be allowed.

(2.) SINCE the conviction of the respondent Motwani is not being challenged we may notice here only the relevant portion of the article which was published in the issue dated 11th May. 1965. of 'matribhumi' a daily newspaper published in Sindhi language in the city of Aimer. It is not disputed that Motwani was the editor of this paper. The news-item in question marked Ex. P-1 when translated into English reads as under: Ajmer's Former Deputy Superintendent Khalil Mohammad Ghauri Arrested on Kutch Border on Allegation of Traitorous Activities New Delhi From Secret Cor It is learnt from highly reliable sources that the Derputy Superintendent of Police. City Aimer Shri Khalil Mohammad Ghauri has been arrested on the Kutch Border on allegation of traitorous activities and has been interned. It is learnt that now a days Shri Ghauri is Commandant Central Reserve Police. At the time of invasion by Pakistan of Kanjarcot area the Jawans of the Central Reserve Police were guarding the Kutch Border and Ghauri was their Commandant. It is said that he adopted dilatory tactics so that the Jawans could not face the firing from the enemy side with the result that the Pakstani army was able to seize the Indian territory. It is further learnt from reliable sources that Government of India have interned Shri Ghauri on this allegation. Further inquires by our Secret Correspondent reveal that Shri Ghauri was hand in glove with the Muslim League from the very beginning. Hp was at last turned out of the State of Bikaner on this ground. All the relations of Ghauri are in Pakistan. His brother is Secretary to the Government of Pakistan. It is said that previously Shri Ghauri was posted on Jammu and Kashmir Border but there also there were complaints of his hobnobbing with Pakistani agents.

(3.) ON account of publication of the aforesaid defamatory article, the complainant Shri Ghauri filed a complaint against Motwani as well as Shri Nanak Ram Israni Printer Publisher and Chief Editor of the said daily paper Matribhumi. Both the accused persons were charged for offences under Sections 500 and 501 I. P. C. The learned Magistrate by his order dated 27-4-1968 acquitted Shri Israni of both the charges; but, as already stated above. Motwani was convicted for both the offences and only a sentence of Rs. 50/- was awarded under both the counts. The complainant has filed an appeal from the order of acquittal against Shri Israni which has been registered as S. B. Criminal Appeal No. 514 of 1968 and will be dealt by us separately and by this order we propose to dispose of the reference against Motwani.