HEMENDRA PRASAD GHOSE Vs. KING-EMPEROR

JUDGEMENT

(1.) The petitioners who have obtained the present Rule are the editor, the printer and the publisher of the Bengali newspaper called Dainik Basumati. On the 23 April 1926 an item headed "Telegram to the Nakhoda Mosque" was published in a conspicuous position at the top of a column. The petitioners were thereupon charged before the Chief Presidency Magistrate with having committed an offence under Section 153A of the I.P.C. The defence taken was that they published the telegram to draw the attention of the authorities to a piece of information received from a reliable source so that they might trace the persons responsible for the disturbances and find some means of securing peace between the two communities.

(2.) The learned Chief Presidency Magistrates took the view that the publication of this telegram did not fall within the explanation of Section 153A. But having regard to the circumstances of the case he came to the conclusion that it would be sufficient to deal with the petitioners under Section 562 of the Criminal P.C., and dismissed them with a warning not to publish rumours of this nature in future particularly at a time of tension. The telegram in question is in these terms: It is rumoured that a certain Moslem has sent a telegram to the Nakhoda Mosque from Port Louis Mauritius to the following effect : Let the quarrel between Hindus and Moslems be carried on; whatever money will be spent, I will pay up on going. I am soon going to Calcutta. Will the Iman Shaheb cf the mosque disclose whether or not this telegram has come?

(3.) Now the defence taken by the petitioners was that this item of news was base upon a telegram which had been actually received in Calcutta from Mauritius and the telegraph officer has produced the original in Court. It is addressed to Abdulla Sindhi, Nakhoda Masjid, Jakaria Street, Calcutta in these terms: Wait, starting Naringa, take money for food Mirzapuri. and is signed by Kher Mahomed Sindhi Mr. Bose who has appeared for the petitioners construes this message as meaning that the writer was shortly starting for Calcutta by the steamer "Naringa" and was bringing money with him to feed Mirzapuris by which he means goondas if that is the correct interpretation of the message the question is whether the editor of a paper is justified in translating it into the words which find expression in the paper. Beading the wording in the newspaper as a whole we think that this is a possible interpretation of the telegram.