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1946 Supreme(Nagpur) 32

POLLOCK
BHAGWATI CHARAN SHUKLA S/O RAVISHANKAR SHUKLA – Appellant
Versus
PROVINCIAL GOVERNMENT – Respondent


JUDGMENT

Pollock, J—The short point before us is whether the article in question offends against Section 4(1), Press (Emergency Powers, Act, 1981, as tending, directly or indirectly, to bring into hatred or contempt the Government established by law in British India or to excite disaffection towards it. There is no doubt that anyone reading the article would understand it as accusing the Provincial Government of ''Three years of suffering, of brutal repression, of killing, of shooting, rapes and murders''. ''Three years of sufferings'' must, I think, be understood as meaning ''Three years of inflicting suffering'', for the sufferings referred to were presumably the sufferings alleged to have been suffered by the supporters of Congress at the hands of Government and not vice versa. With the truth of, or justification for such remarks we are not concerned; we have only to see whether such remarks tend to bring the Government into hatred or contempt or to excite disaffection towards it. That is what Beaumont C.J. held in 56 Bom. 472.

2. When he said at 486,

The effect of the Ordinance seems to us to bring within Section 4, Indian Press Act every charge of misconduct by Government, whethe

































































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