NABA KRISHNA CHOWDHURY Vs. EMPEROR

JUDGEMENT

(1.) The petitioner, Naba-Krishna Chowdhury, a member of the Orissa Legislative Assembly, was convicted by a Magistrate under Rule 38(5), Defence of India Rules, and sentenced to undergo six months rigorous imprisonment. This sentence has been reduced to six weeks rigorous imprisonment by the learned Sessions Judge of Cuttack on appeal.

(2.) The case against the petitioner is that on 6 January 1942, at Salepur thana, in the course of a Congress meeting, he delivered a speech to an audience of rustics, which constituted a prejudicial act within the meaning of Rule 34(6) of the said Rule 3. In the opinion of the learned Judge, the speech cannot be called a prejudicial act as contemplated by Sub-rule (g) of Rule 34(6), but does amount to a prejudicial act under Rule 34(6)(e), that is to say, it is intended or is likely to bring into hatred or contempt or to excite disaffection towards His Majesty or the Crown Representative or the Government established by law in British India or in any other part of His Majesty's dominions.

(3.) The speech which forms the subject-matter of the charge, was delivered in Oriya, and for its contents we have to depend upon a shorthand note made by a police reporter, and his transcription of the same into English. Nevertheless, the Courts below have accepted that transcription as substantially accurate, and I see no reason to hold they were not correct in doing so.