KAMAL SIRCAR (AJIT GHOSE) Vs. EMPEROR

JUDGEMENT

(1.) This is a prosecution under Section 18, Sub-section (1) of Press (Emergency Powers) Act (Act 23 of 1931). This sub-section provides as follows: (1) Whoever makes, sells, distributes, publishes or publicly exhibits or keeps for sale, distribution or publication any unauthorized news sheet or newspaper, shall be punishable with imprisonment which may extend to six months, or with fine, or with both.

(2.) The offence complained of against the petitioner was that of "making" an "unauthorized news-sheet" in breach of this sub-section. Another person was charged with abetment of the offence, but he was acquitted. The petitioner was convicted by the Chief Presidency Magistrate and sentenced to pay a fine of Rs. 200, in default to rigorous imprisonment for six weeks. Hence this Rule. The unauthorized news-sheet is said to be a lithographed poster in red, in three different editions, viz. in Urdu, Hindi and Bengali, stated on the face of it to be "published on behalf of the Workers Publishing House by Ajit Ghose from 1, Kenderdine Lane, Calcutta", and printed at the Alliance Press, Ltd., 63, Bowbazar Street. According to the prosecution, Ajit Ghose is an alias of the petitioner. The poster in the Bengali edition is headed in big bold type "Ekata O Sangram", which translated literally means Unity and Struggle, followed by the words "May Dibash" or May Day, meaning the day observed by labour organizations for celebration of their movement. At the bottom is the legend "soshan prathar dhangsa houk"-Perish Exploitation (literally, perish the system of draining). The body of the poster is filled with a striking pictorial representation obviously intended to illustrate the soshan or exploitation. In the upper half to the left is a group of three figures, two of portly dimensions in Indian dress, the first with a flowing beard, typifying probably a moslem, and the second a Hindu, and the third, slim and spruce, sporting European attire, frock coat, trousers and top-hat complete. All three seem to have an air of satisfied case about them. In front of them is an out-stretched arm, seen only up to the wrist, dangling what look like a few pieces of coins on the palm, which the man in frock coat is Been to be clutching at with complacent avidity. Down on the left, in vivid contrast is a picture of about half a dozen lean, puny figures, men and women, busy loading their baskets with coins or carrying away loaded baskets of coins on their heads, but not for themselves. Overspreading the centre of the picture, over the heads of these poor creatures and in fact pressing down a few with its heel, is a heavy spiked army boot, the leg of its invisible wearer, the man whose out-stretched arm is seen at the top, hidden away behind a capacious bag apparently bulging with coins, held tightly by the same figure with his other hand, this too showing only up to the wrist. Over this wrist is seen a sleeve link bearing the design of a miniature Union Jack. Filling the lower half to the right, there stands in three quarters length a big, sinewy figure in tucked-up loin cloth ready to strike a heavy blow with a big hammer. On the right side towards the top is a letterscript "The rich become richer", and on the left towards the bottom, "The poor become poorer".

(3.) Such is the offending document and two questions arise: first, whether it comes within the mischief of the Act, and secondly, whether the petitioner made it. To answer the first question, it is necessary to see if the poster comes within the definition of an unauthorized news sheet". Section 2(10) says that an unauthorized news sheet means any news-sheet other than a news-sheet published by a person authorized under Section 15 to publish it. Admittedly, no one was authorized to publish this poster under Section 15. The question therefore is whether it is a news-sheet, and this is thus defined in Section 2(6): (6) News sheet means any document other than a newspaper containing public news or comments on public news or any matter described in Sub-section (1) of Section 4.