SATYA RANJAN BAKSHI Vs. EMPEROR

JUDGEMENT

(1.) The accused Satya Ranjan Bakshi, is the Editor of a Calcutta daily newspaper called the "Forward" and the accused Pulin Bihari Dhar is the printer and publisher thereof. They have been convicted by the Chief Presidency Magistrate under Section 153-A. I.P.C., in respect of certain matter published in the issue of the Forward newspaper dated 13 July 1928. The charge against them is that they promoted, or attempted to promote, feelings of enmity or hatred between two different classes of His Majesty's subjects, to wit the Europeans and Indians.

(2.) The statements contained in the printed matter which is now complained of have reference to a railway accident which took place at Belur soon after midnight on 8 and 9th July 1928. It would appear that a train from How-rah became derailed and that many of the carriages of the train were wrecked. It would appear further that in the course of the night a relief train, or trains, with doctors, medical staff and medical appliances came to the scene. The allegations published by the accused in the Forward newspaper are, shortly speaking, to the effect that certain Europeans belonging to the staff of the E.I. Ry., ordered injured passengers to be beaten to death and had the bodies thrown in a heap into a wagon, and that in this way the number of persons killed in the accident was increased to about 300 of whom 50 per cent were done to death with iron rods and other instruments by the staff under the direct orders and in the immediate presence of European members of the railway staff, It is established by the evidence adduced in this case, and it has not been contested on behalf of the accused at the hearing of this appeal, that there is no truth whatever in these statements. Mr. Arthur Vincent Veneables, Divisional Superintendent of the E.I. Ry, who was one of the first to arrive at the scene of the accident and who was there during the whole of the time from 1-45 a. m. onwards, has given evidence and has explained in detail about his arrival by the patrol train and the subsequent arrival of the relief train shortly after 3 a. m. He has described how the injured were attended to by Dr. Rapper himself, how the injured were made as comfortable as possible in the rear portion of the train and how the bodies of the dead were laid on the slope of the bank and put in charge of the police. It would appear that the number of dead bodies was 19 and that these were taken in a special train to Howrah about 2 p.m. on the 9 in charge of the police. Dr. Rapper has also given evidence explaining in detail the medical work which he had to do and the manner in which it was done. Neither witness was cross-examined to show, or even to suggest, that the statements to which the accused gave publicity have any-even the smallest substratum of truth.

(3.) Criminal proceedings against these accused were begun on 17 July and on 28th September 1928, the accused filed a written statement. The evidence does not disclose that the accused, or either of them, in their newspaper or otherwise have at any time expressed regret for their conduct in giving currency to accusations so horrible and unfounded. There is no evidence, and indeed there is no pretension, that the statements complained of were, or could have been printed or published by inadvertence or by reason of mere negligence, whether excusable or inexcusable. Indeed, having regard to the astonishing character of the statements themselves and to the prominent position given to the matter now complained of in the issue of 13 July there is no room for doubt that the statements were published deliberately and with a full knowledge and appreciation of their meaning and contents.