DEBI PRASAD SHARMA Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal from a judgment of the High Court of Judicature at Allahabad by which the appellants were severally found guilty of contempt of Court and sentenced to fine or imprisonment and in the case of appellant 3 to imprisonment only. The first two appellants are respectively the printer and publisher and the editor of the Hindustan Times a daily news paper published in Delhi and having a large circulation in the United Provinces. Appellant 3 is the local correspondent of the newspaper at Meerut and at the material date had been so employed for the past 7 years. In July 1941, the Sessions Judge at Meerut Mr. Hari Shankar Vidyarthi had been engaged in the trial of 20 persons charged with murder, rioting, etc., which ended on 3lst July 1941, when the Judge convicted four of the accused and sentenced them to transportation for life. The remaining sixteen were acquitted. On 1 August appellant 3 Mr. Singhal sent the following news item to the newspaper : (F.O.C.) Meerut, 1 August. With the judicial officers also now co-operating actively in the war efforts, the "efforts" are bound to receive a heavy push forward. The judicial officers all over the Province have been, I reliably learn, asked by the New Chief Justice of the Allahabad High Court, who, it is understood, has been requested by His Excellency the Governor, for cooperation in war efforts, to raise subscriptions for the war funds.

(2.) The judicial officers raising money make it quite clear to the persons, whom they ask to contribute, that the donations were voluntary and they were not exercising any compulsion in asking for funds. They could donate as much or as little as they pleased.

(3.) On 3 August the newspaper published the news items with headings as follows: JUDICIAL OFFICERS FOR WAR WORK. RAISING SUBSCRIPTIONS, NEW CHIEF JUSTICE'S CIRCULAR. (From our Correspondent.) Meerut, 1 August. With the judicial officers also now co-operating actively in the war efforts, the "efforts" are bound to receive a heavy push forward. The judicial officers all over the Province have been, I reliably learn, asked by the New Chief Justice of the Allahabad High Court, who, it is understood, has been requested by His Excellency the Governor for cooperation in war efforts, to raise subscriptions for the war funds. The judicial officers raising money make it quite clear to the persons whom they ask to contribute that the donations were voluntary and they were not exercising any compulsion in asking for funds. They could donate as much or as little as they pleased.