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1957 Supreme(All) 18

ROY, SAHAI
RAHMAT ALI – Appellant
Versus
BENI MADHO BAIJPAL – Respondent


Advocates Appeared:
B.N.Misra, P.C.Chaturvedi

ROY, J.

( 1 ) THIS is an application under Sections 3 and 4 of the Contempt of Courts Act. The petitioner rehmat Ali obtained a rule upon the opposite parties Pandit Beni Madho Bajpai, the editor, printer and publisher of a newspaper known as Vir Bharat in Kanpur and Lakshmi Narain, the proprietor of the Mahesh Press where the paper is printed, to show cause why they should not be convicted or otherwise dealt with for contempt of Court inasmuch as during the pendency of proceedings under Section 110, Cr. P. C. against Rahmat Ali in the Court of the City Magistrate, kanpur, a news item was printed in the Vir Bharat on 19th October 1958 which was calculated to produce, so to speak, an atmosphere of prejudice. The news item reads as follows: (Transliteration of Hindi omitted ). Translated info English the matter would fread thus: "kanpur NEWS members of the Congress Ad Hoc Committee appear in defence of Rahmat Ali a history sheeter and a criminal. The Local Kotwali Police had arrested. Mian Rahmat Ali of Patkapur, a confirmed criminal and a notorious history sheeter under Section 110, Cr. P. C. and his case is peading in the Court of the City Magistrate. It is alleged that as against













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