EMPEROR Vs. JMCHATTERJI

JUDGEMENT

(1.) These four criminal appeals arise out of four criminal cases brought on the complaints of R.B. Pt. Chakradhar Jayal of the Indian Police Service on deputation to Tehri State as Dewan, for criminal defamation under Section 500, Indian Penal Code. Each case was tried separately, but the Magistrate has written a joint judgment and the appeals have been argued together. One appeal is by Pt. Bishambhar Datt Chandola, editor, printer and publisher of a paper called the Garhwali. He has been convicted for three articles as follows: 30 August 1930 "A Simla Tea Party;" 3rd May 1930 "Rawain Pranta Main Ashantosh" and27 September 1930 "Simla Times and R.B. Pt. Chakradhar."

(2.) The other three appeals concern articles in a paper called the Indian States Reformer, of which Pt. Anant: Narain is the editor and publisher and Mr. S.C. Banerji the printer. Mr.. J.M. Chatterji, a barrister, was a contributor to this paper. These persons have been convicted as follows : Mr. Chatterji for an article of 8th January 1931. "The Rawain Shooting Scandal." Pt. Anant Narain and Mr. Banerji for articles as follows: Case 1. Art. of 1 August 1931 "The Rawain Shooting Scandal." Case 2. (a) 22 February, 1931 "The Rawain Inquiry Committee" (b) 19th. April 1931 "Viceroy's Intervention Inevitable" (c) 8 June 1931 "A Surprise." Case 3. (a) 27 November 1930 "A Case for Inquiry" (b) 11th December 1930 "A Fine Example" (c) 18 December 1930 "Rawain Inquiry in Sight."

(3.) These articles are all concerned with the shooting in Rawain, with the exception of "A Simla Tea Party" and "Rawain Pranta main Ashantosh." The articles about the shooting at Rawain are all in very similar terms. One of the earliest articles is that in the Garhwali of 27 September 1930 entitled "Simla Times and R.B. Pt. Chakradhar Jayal." This article sets forth that the Dewan gave an explanation of the; Rawain shooting which was published., in the Simla Times. The Dewan stated that the rebels had looted houses and burnt valuable forests, ill- treated officials and those who differed from them,, and the rebels were going to establish, their own government. The Darbar sent: the Dewan with troops, and lie called on the rebels to surrender but they replied with bullets. He had to open fire and twenty rounds were fired and five men were killed, 194 men were captured, also arms. With this statement before it, the Garhwali went on to. say: Pt. Chakradhar Jayal did not take the lives-of rebels and dacoits but the target of his bullets were the simple and loyal subjects of Rawain who, peacefully and loyally were putting before the durbar their forest grievance.