SATYENDRA NATH MAZUMDAR Vs. EMPEROR

JUDGEMENT

(1.) In this case a rule was issued calling upon the Chief Presidency Magistrate of Calcutta to show cause why his order convicting the petitioner under Section 124-A, I. P.C. upon each of three charges framed thereunder and sentencing him to six months rigorous imprisonment upon each charge (to run concurrently) should not be set aside upon certain grounds set out in the petition to this Court.

(2.) The facts may be briefly stated: The petitioner Satyendra Nath Mazumdar is the editor, printer and publisher of a daily newspaper published in Calcutta in the Bengali language known as the Ananda Bazar Patrika. This paper it appears has been in the habit of publishing every year at the e December, when Congresses and various conferences take place a special issue containing a review of the events of the past year, a description of places of interest where the Congress meets and a review of the history of the growth of the Indian National Congress and similar movements.

(3.) On the 29 December last this special Congress edition was published and on the 31 of that month the issue was forfeited by an order of the Government of Bengal under Section 99- A, Criminal P.C. duly published in a Gazette Extraordinary of that date on the ground that it contained seditious matter. Thereafter the petitioner was arrested under Section 124-A, I. P.C. and was placed on his trial before the Chief Presidency Magistrate in respect of the three articles which are entitled. (1) Bharater Mukti Sadhana or "Freedom Movements in India." (2) Jalianwallabagh. (3) Batsarer Hisab Nikash or "Review of the Year." The learned Chief Presidency Magistrate found that each of these articles brought the accused under Section 124-A, and convicted and sentenced him as stated.