Alfred Henry Lionel Leach, C.J.

1. The respondent is a pleader who was practising in Madura. On the 18th November, 1942, he was convicted by the City Magistrate of Madura of an offence under Rule 34 (6) (c) of the Defence of India Rules and was sentenced to undergo rigorous imprisonment for a period of eight months. Rule 34 (6) defines what is a prejudicial act and Clause (c) says it is a prejudicial act to render a member of His Majestys forces or a public servant incapable of efficiently performing his duties as such, or to induce a member of His Majestys forces or a public servant to fail in the performance of his duties as such. Rule 38 (1) (a) says that no person shall, without lawful authority or excuse, do a prejudicial act and Sub-rule (5) says that if a person contravenes any of the provisions of the rule, he shall be punishable with imprisonment for a term which may extend to five years or with fine or with both.

2. On the 12th October, 1942, the respondent wrote to the District Magistrate of Madura enclosing a pamphlet, which was headed " the duty of a faithful and responsible British Official of the Government of India." The pamphlet called upon the British Govern