LEGAL REMEMBRANCER Vs. MATILAL GHOSE

JUDGEMENT

(1.) On the 12th of May 1913 Mr. Lionel Hewitt Colson, Special Superintendent, Intelligence Branch, Criminal Investigation Department, Indian Police Service, filed a petition of complaint in the Court of the Additional Magistrate at Barisal, alleging that one Girindra Mohan Das and 43 others had been guilty of offences under Section 121A of the Indian Penal Code. The Magistrate, Mr. Nelson, examined the complainant on oath, recorded his deposition, and directed certain warrants to issue.

(2.) On the 19th, 20th, 21st, 22nd, 24th, 26th and 30th days of May, articles, it is said, containing comments on the criminal proceeding initiated by this complaint, described as the Barisal Conspiracy Case, were published in a newspaper called the Amrita Bazar Patrika.

(3.) The Government of Bengal, having been advised that the publication of these articles, and each of them, and in particular the leading article of the 22nd May, 1913, constituted serious contempt of Court, the Advocate-General, on the 6th of June, made an application to a Divisional Bench with a view to proceedings being taken against two persons on the ground that one of them was the editor and manager, and the other the printer and publisher of the Amrita Bazar Patrika newspaper.