JUDGMENT

1. This is a case for contempt of Court against Ram Naresh Singh, M.L.A., and Ram Jas Yadava, President of the District Congress Committee of Sultanpur, on the complaint of the District Magistrate of Sultanpur. As there was fear of communal disturbance, two separate cases were started against 12 Hindus and 12 Mahom medans under Section 107, Criminal P.C, in the Court of the Sub-divisional Magistrate of Kadipur, district Sultanpur. The learned Magistrate bound down both the parties On 5th June 1939. On appeal, the learned Sessions Judge of Fyzabad, on 29th July 1939. remanded both the cases for further evi dence. The learned Sub. divisional Magistrate fixed the cases for further evidence on 31st August 1939. It appears that on the same date about two hours before the hearing of the cases Ram Naresh Singh, M.L.A" wrote the following letter to the Sub-divisional Magistrate and Ram Jas Yadava took it and gave it to the Magistrate. It is as follows:

My dear Deputy Saheb,

I have nowadays been touring in Kadipur Tahsil in connexion with Congress work. In this tour had a chance of visiting Dostpur also. There I came to know that proceedings under Section 107 are again going to be started against the same 24 persons. I also fully approve of this proceeding. But I have realised one thing. Certain mischief-mongers have been left from prosecution and some innocent persons have been entrapped. So I thought to suggest to you to amend the list, if possible. The famous leader, Barrister Inayatullah, and one Shyam Baran may be included, and one Benchu Rai, who is the President of the Mandal Congress Committee and who was not actually at Dostpur on the day of the scuffle and whom I have greatly repremanded and have taken under promise to do nothing without my permission, may be deleted from the list. I hope you will take it in public service spirit and try to act according to my suggestion. The bearer of the letter is the president of the D.C.C. and a talk in detail can be had with him.

Soliciting a reply.

Yours sincerely, Sd/- Ram Naresh Singh.

2. Benchu Rai, who is mentioned in the letter, was a member of the Dostpur Cong ress Mandal and was one of the persona against whom proceedings under Section 107 had been taken. The intention of this accused, Ram Naresh Singh, in writing the letter was that the proceedings under Section 107 should be withdrawn against Benchu Rai and we have no doubt that the accused when he wrote the letter thought that his position as a member of the Legislative Assembly entitled him to write the letter to the Sub-divisional Magistrate. It is not necessary for us to deal with the matter at length because the accused have admitted their guilt, but we must point out that the letter grossly offends against the law of contempt of Court. It was written at a time when the proceedings were pending in the Court of the Sub-divisional Magistrate, and it was clearly an attempt to influence the Magistrate to drop the proceedings against Benchu Rai. No member of the Legislative Assembly has any right to interfere in such a manner in the course of administration of criminal justice. When the case came up for hearing before us the accused tendered the following written apology:

The humble application of Ram Naresh Singh and Ram Jas Yadava respectfully showeth:

1. That notice has been issued to the applicants to show cause why proceedings should not be taken against them under Section 2 of the Contempt of Courts Act (12 of 1926).

2. That the applicants greatly regret that their action has been an interference with pending judicial proceedings. For this action of theirs they tender to your Lordship a full and unqualified apology and undertake never to repeat the offence.

Wherefore they throw themselves at your Lordship's mercy.

3. The question for consideration is whether we should act under the first proviso to Section 3 of the Contempt of Courts Act which provides that "the accused may be discharged or the punishment awarded