ORDER
Krishna Pillai, C.J.
1. The reference arises under Section 9, Travancore Newspapers Act (V [5] of 1101) upon a petition presented by the printer and publisher of the newspaper called the Malayans questioning the legality of an order passed by Government whereby the license granted to the said newspaper wan cancelled. The notice given Under Section 6 of tha Act indicated fourteen different articles of several dates, which were said to be seditious and lively (i) to excite disaffection against, and to bring into hatred and contempt, the Government of Travancore, (ii) to promote feelings of enmity or hatred between the several classes of the people in Travancore, (iii) to involve habitual publication of defamatory matter punishable Under Section 603, Travancore Penal Code, (iv) dissemination of false information, and (v) publication of matter which is obsoene in character These, if correct, would bring the publications within the miachief Section 5 of Sub-section (i)(a), (i)(a), (ii)(iii) and (iv) of the Act. Under Section 10 this Court ia bound to deoida whether 'the articles were or were not in fact of the nature described in the section.' The relevant provision of the Travancore Newspapers Act is as follows
Section 5. 'Whenever it appears to Out Government that any Newspaper in respect of which a license has been granted under this kol;
(i) contains any words, signs, or -visible representations which are likely or may have a tendency, directly or indirectly, whether by inference suggestion, allusion, metaphor, implication or otherwise:
(a) to exoite disaffeotion against or to bring Into hatred or contempt Ua or Oar Government or Hw Majesty tha King-Emperor of India or the Government established by law in British India, or
(b) to bring into hatred or oontempt an; member oi the Buliag Family of Travanoore or
(c) to promote feelings oi enmity or hatred bfltwaaa the several Glasses of people in Our territory, or
(ii) habitually publishes matter punishable Under Section 503, Travanoore Penal Code, or
(iii) habitually disseminates false information, Of
(iv) publishes matter whioh Is obscene in character
2. It was pointed out by the learned Counsel for the petitioner that tbe notice issued Under Section 5, Travanoore Newspapers Act, was insufiioieafc in law and that the order of forfeiture was void and liable to bs revoked for that reason. According to him, it was incumbent on Government when they issued the notice to indicate with precision the respective articles whioh fell within the mischief of the respective provisions of tha section and that a statement that all the publications (in this case fourteen in number wita a large number of minor news items) contravened all the several clauses of tbe section except; Sub-clause (o) of Clause (1) was insufficient oomplianoe with the statutory requirements of the section. We do not see the force of this contention, Such particularity and analytical statement may probably help the party in bitter explaining their views when they approach Government for reconsideration of the order Under Section 9 It may alats perhaps enable this Court to make a more effective pronouncement on the tendenoy or nature of the publications when after reference this Oourt hears the petition under Section 10. Beyond thcue possibilities it does not seem to advance the petitioner's case. Section 6 merely provides that when it appears to the Government that any newspaper contains artioles which are likely oar may have a tendenoy to exoite disaffection etc. etc , they may with or without previous warning cancel by notice in writing indicating or describing such words or matter. The section does not lay down any other requirement to be fulfilled, The requirements of the section would be satis. fiei by indicating or describing suoh woMa whioh in the opinion of Government contravene one or all the several provisions of this section. Moreover the jurisdiction of this Oourt is oiroum-smbed by the words of Section 10 which authorise this Oourt only to decide whether the words signs, visible representation or matter contained in the newspaper in respect of which the order in question was made 'were or were not in fact of the nature described in Section 6.' Thus where the ordt-r is couched in general terms and no one ol the offending publications is indicated &9 contravening any particular clause in the section but all artioles are referred to as contravening all the several provisions contained in the sec-lion the Court's duty is to consider whether each of the alleged offending artistes contained words, signs etc, which are or are not in fact of the nature described in the several clauses of the section. Section 15 of the Act further provides that no order passed or action taken under the Act shall be called in question in any Court otherwise than in accordance with the provisions of that Aat and the permissible course is tint which is indicated by Section 9. Hence we overrule ihh objection. Further discussion has also become unnecessary in view of the statement made by the Government Pleader, apparently for faoili-tating tha bearing of the matter before us, that the newspaper articles described in the notice as items 1 to 12 and U may be said to be seditious and falling within Section 5 Sub-section (i) Clause (a) and item 13 as falling within the mischief of Section 5 Sub-section (i) Clause (a) He also pointed out that ArtSection 1,13 and 14 were obscene in character and Articles 3 and were defamatory of two Ministers of Government. The charge of habitually disseminating false information falling under Sub-section (iii) of Section 5 was not pressed as, according to him, the time and labour involved in the diaoovery of the truth or falsity of a particular news item was not justified by the requirements of the ease. Beyond pointing out that the caption 'unconfirmed news' (Caption in Malayalam omitted) was in itself indicative of the unfounded nature of the sews, he stated that he had nothing to urge in support of that charge.
3. The first point for consideration therefore Is whether Under Section 5 (i)(a) the publications NoSection 1 to 12 and 11 are likely or have a tendency to excite disaffection against the Government or bring into hatred or contempt the Government of Travancore. It was contended that to constitute sedition the worlds complained of should incite people to rebellion and that any publications which falls short of it would not be hit by the Newspapers Act There is no warrant for this contention. The explanation to the section which has to be construed as containing the exceptions, provides that ExplSection 1, 2 and 3 under K. 117, Travancore Penal Code, shall be deemed to be applicable. Thus a comparative Study of the two provisions shows that the case contemplated is the aim under the two provisions except ihafc while Section 117 puniBhea words which excite disaffection or bring into hatred or contempt the Government, the Newspaper Act is wider in BOope as it hits not only cases contemplated by the Penal Code but also other cases which are 'likely' or may have a 'tendency' directly or indirectly to excite disaffection etc, See Bhag-wati Charan v. Provincial Government C. P. and Berar A.I.R. (34) 1947 Nag. 1 : 47 Cr.L.J. 994 S.B.; 'Pratap' Netv Delhi v. The Crown A.I.R. (36) 1919 E. P. 335 : 50 Cr.L.J. 813 S.B. and In re Pothan Joseph 66 Bom. 473 at p. 478 : A.I.R. (19) 1932 Bom. 438 : 33 Cr.L.J. 749 S. B. The Federal Court laid down in Niharendu v. Emperor A.I.R. (29) 1942 F.C. 22 : 43 Cr.L.J. 504 that to constitute sedition the words oomplained of must tend to public disorder. Observed Their Lordships:
Public disorder or the reasonable anticipations or likelihood of public disorder ia thm the giet of the offence, The acts or words complained must either inoite to disorder or must be such as to eatisfy reasonable men that that ia their intention or tendency.
Bat the Privy Council overruled this decision in Emperor v. Sadashiv A.I.R. (34) 1947 P.C. 82 : 48 Cr. L. J. 791 and quoted with approval the words of Strachey J,, in Qaeen.Empress v. Sal Gangidhir Tdah 22 Bom. 112, a part of which is as follows ;
I am aware that bo me distinguished parsons have thought that there can be no oflence against the section uuloaa tho accused either counsels or suggests rebellion or forolble resistance to the Government. In my opinion, that view U absolutely opposed to the express words of the section itself, which a9 plainly as possible makes the exoiting or attempting to exoite certain faelings, and not tba inducing or attempting to induce to any ooirse of action such aa rebellion or foroible re3iflUnoe, the test of guilt.
The decisions of the Travancore High Court which bear on tha interpretation of the sections are uniform in that they discountenance the theory of incitement to violence or rebellion as constituting sedition. See Thomas v. Strhar 1947 T. L. R. 82, Sankaranarayan Tampi v. Sirkar 1947 T. L. R. 499 and Punnoose v. Sirkar 1917 T. L. R. 654. We, therefore, repel the contention of the petitioner's counsel based on the Federal Court decision referred to above and hold that to constitute sedition or more properly, to bring a newspaper publication within the mischief of the section it is enough if it is proved that the publication tends to or ia likely to create feelings of disaffection, hatred or contempt towards Government and not necessarily to inoite people to rebellion. But on the point as to what would constitute disaffection towards a Government or hatred or contempt of a Government there ia considerable scope for speculation especially where forms of Govern, ment are changing and the freedom of the presa and the platform are in a state of flax. Our only function is to apply the law as it is and not to embark on any discussion as to how it can be improved upon or modified in anticipation of any change-politioal, constitutional or legal.
4. Before dealing with the matter on the merits it is necessary to set out a few events which preceded the date of the publications. On the nth Meenom 1123 an Act called the Travancore Interim Constitution Act was passed by His Highness the Maharajah of Travancore. The object of the Act was to establish responalble Government in the state and it directed the Government of the State being run on the linea indicated in the Act until new Constitution Act was drawn up. The expression 'Govern-ment' was defined in the Act aa meaning the Maharajah of Travancore exercising the executive authority of the Travancore State in accordance with the provisions of the Act and the executive authority of the State was further stated to be vested in the Maharajah, which, subject to the provisions of the Act, was to be exercised on the advise of a Council of Minis-ters appointed under the Act. Suction 5 o the Act provided that there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the Maharajah in the exercise of the functions. All executive action was directed to be taken in the name of the Government, Section 80 (1)(a) provided that where the Maharajah is -satisfied that a situation has arisen in which the Government cannot be carried on in accordance with the provisions of the Act the Maharajah may by proclamation declare that the Government shall to such extent aa may be specified in the proclamation be exercised by the Maharajah in his discretion. The Council of Ministers was accordingly constituted with a Prime Minister at its head and the affairs of the Government were carried on under the advice of the Council. Its duration was however Short and the Council was dissolved and a new Council was installed in its place. Shri Fattom A. Thanu Pillai was the Prime Minister under the first Council and Bhri T. K. Narayana Pillai was the Prime Minister under the second. There articles were published between 2-1-1121 and 96-0-1124, avowedly with a view to discredit the second Council. On the strength of those facts it was contended by the petitioner's learned Counsel that the Ministers or the Council of Ministers did not form the Government and that when a new ministry oame into power it is not an offence to criticise it and to try to pull it down by exposing its defeats and shortcomings. We shall now turn to the articles themselves and see how for these contentions are justified.
5. Item No. 2.-This consists of two articles published in the issue of 2nd Vrischigom nsi tinder the caption (caption in Malayalam omitted.) the whole of which is said to be Beditious. Under the heading (caption in Malay&lam; omitted.) (cattle philosophy) the p'aper starts the attack on the new ministry. In explaining the heading, the writer states that the tendency of cattle ia to trespass stealthily into the fields, eat the Crops, get beaten and chased and from the -way it runs it would create tha imprea3ion that it has made up its mind not to be guilty of a repetition of the act, la about; fifteen minutes tha same cattle would aneak through the same passage and begin from the place where it had stopped when the oases commenced. In the next paragraph the writer points out that Shri T. K. Narayana Pillai on assumption of office as Prime Minister preaches the same kind of cattle philosophy; and not only himself but all those who supported the no-confidence motion. Six of them have become Ministers, another the Congress President, another the ad hoc commit, tee president and yet another the Attorney-General. Each signatory, it is said, is calculating the share due to him on account of bis signature, but that not one has forgotten it, would forget it and or oan forget it. Then it points out how on account of misunderstanding Shri T. K. Narayana Pillai and Bhri K. G. Kunju-krishna Pillai have not been on talking terms, but that the former has forgotten this old animosity. Sri T. M. Verghese has begun to forget bis old enmity to Sri Kainikkarai and Sri C. Kesavan will also forget his enmity towards Sri Gopala Panioker. If Sri T. K, Narayana Pillai and bis colleagues had enmity towards any one they have already forgotten it. C kher-wise it is being forgotten. So, others also must forget it. This philosophy of 'forget the past' is comparable, the writer says, to the mutineer who throws the captain overboard and Binge the song of 'forget the past' after a ten year cruise in which the captain had defied the dangers of the sea, its billows and the currents and had steered the ship safely to port. This philosophy, the writer adds, would be listened to only by cattle. The second article is published under the heading (heading in Malayalam omitted) (the hatchet is good but its handle must be changed) suggesting that the ministry is good for its per. pose, but its Prime Minister must be changed. It points out that the ministry has started work with the hatchet and describes graphically bow it rises and falls severing the bead from the trunk of those in office. (Passage in Malayalam omitted). Tha writer after pointing out the vast array of delinquents fit for the hatchet concludes that there are several heads which bave to be severed and that so long as the handle is one Sri Narayana Pillai the hatchet, wherever it takes aim, whatever be the manner of its cut, will fall on some Pillay's neck.
6. Item No. S is a similar publication contained in the issue of 6th Vrischigom UU undes the caption (caption in Malayalam omitted). Under the heading (Heading in Malayalam omitted) it criticised the programmed of tour of the Ministers whereby they proposed to go round the villages for ten days in the month and. remain at the headquarters for the remaining twenty days. Referring to the reported visit of a Minister to his family house it asked whether he went there during one of his tours. The extension of electricity to the family residence of the Minister was as a result of the local enquiry he had conducted during that tour. After pointing out that the objeot of these tours is simply to gain their own personal ends the writer eaya that it is consoling to hear the Prime Minister's assurance that he would put an end to official corruption and official excesses. But it points out that the Ministers should themselves be free from the vice before they are able to introduce the reform amongst others. Under the caption (caption in Malaya. lam omitted) the writer states as follows:
First of all one should wash one's own bands: The Honourable Chief Minister baa given assurance that ba will root out tbo corruption of Government Officers. Wa need have do more doubt about it, There is no harm in satisfying ourselves that this evil which baa been causing much havoc bo long to public life in this State, has been wiped out by that stern promise.
There are two prominent items of corruption prevalent in this country. They are bribery and recommendation. The Chief Minister has not specified which of these he is going to stop. It H to be inferred that he is going to etop both. Though both these items afflict the free and just course of administration in the same degree yet, the worse and more demoralizing of the two, is recommendation. It le only when one fails to gain his ends by recommendations that he resorts to bribery. The strong and the most influential leaders alone will venture at recommendation while the weaker onea will attempt by bribery. Viewing both these items (com the officer's stand point, it oan ba inferred that bribery is an inducement while recommendation is u, compulsion. If by bribery you encourage prostitution of official duty then recommendation is but an act of rape.
The Congress parliamentary party ha?, with a view to eave the people from this hell, derided early enough that the assembly member should not visit officers. But they have adopted a system similar to that of 'pouring milk into water' in order to swear to'have not adulterated milk with water'; Instead of 'going to' the officers' bungalows, the members have decided 'not to get out of them.
It is desirable to know if there are persons Innocent in this respect in the ministry itself. Does Sri T. K. know whether there is anybody, among the Ministers, who tried to recommend, against the views of the Education Director, in the matter of appointment of office manager. It is not but natural on the part of the officers to throw sand into the mouth of those persona, who, after having clung to them so long, wagging their tails', suddenly turn round and begin to 'bark' at thorn.
Further, have any persons approached the Minister with recommendations If co, did they receive them warmly, or chastise them 1
Before proceeding to wash the feet of another, one should see that one's own hands are clean.
7. Item No 3 is an article written by one Dr. P. G Pillai under the caption (caption in Malayalam omitted), (who is responsible) in the issue dated llth Vrischigom 1124. The writer being dissatisfied with the step taken by the ministry in putting an end to the Sasthamaw galam procession tries to establish that as a religious function acclaimed by the Hindus the ministry would have acted with better discretion if they had not interfered in matters involving religious feelings. Two passages are objected to in this article. (Passages in Malayalam omitted.) In the first portion it points out that the popular Ministries will come and go and popular Ministers will come some by the straight path and others by the back door Borne of them will be haughty and some sickly, some with back-bones and others without back-bones, some with brains and others without brains, The evil results of these would be reflected only in the administration of the State. The second part gives expression to a rumour that the above reform was due to the influence of the Christian section in the State.
8. Item No i ia the leader in the issue of 18th Vrisohigoin 1124 and a publication under the heading (Heading in Malayalam omitted). The editorial has the heading (Heading ia Malayalam omitted). It refers to a statement by one Minister at a public meetirig where he is reported to have said that the administration in the state means nothing more than the distribution of offices. Then -emprise ia also expressed that a ministry which includes a Minister who entertained such views would be to 1 ad the State to everlasting darkness. Then it condemns the ministry in the following words : (Passage in Malayalam omitted). The other article under the heading (Heading in Malaya, lam omitted) purports to be written by a correspondent. It deals with the transaction of one John Karuvela with the Council of Ministers. It points out that the ministry has entered into a deal with the said Karuvela forgetting all rules, laws and the interest of the country. It then states that if it is true it is due to the unlawful influence which Kuruvilla and his brother had exerted on the ministry. Then it wirds up (Passage in Malayalam omitted).
9. Item No. 5 is the leading ami tie published under the caption (caption in Malaya lam omitted) in the issue dated 15th Vrischigom 1124. The offending part of the publication ia the headlines of the leading article and two portions occurring therein. The caption indicates that the matter dealt with in the article is akin to daylight robbery The article covers about three columns of closely printed matter of which two portions are pointed out as particularly obnoxious. The paper criticised the policy of Government in the appointment of certain officers and accounts for it by suggesting inferences rather ironically put. The first portion is as follows : Dr. Koehy who is a nationalist has been appointed aa Director and a rank communalist like Sri Kaunakakai Padmanabhan Pillai has been sent out from the Secretariat whereby the ministry guarantees the nationalization of education. Similarly Sri Abraham was appoint, ed Financial Secretary and Sri Fattom Tharni Pillai who held the finanoial portfolio in the last ministry was superseded by Sri A. J. John the then Finance Minister thereby nationalizing all banking in the State. Similarly when Sii 0. P. Gopala Paninker, Secretary, has been sent out of the Secretariat and the entire land policy has been taken over by the Minister Sri Markose the same land was also nationalised. The other portion in this long editorial refers to the policy adopted by another Minister Sri T. M, Varghese. It points out that the policy adopted by him is the new kind of playing card invented by him wherein a card of the same series will be used for cutting another of the same group. Sri Pattom Thana Pillai is ousted from power by Sri T. K. Narayana Pillai. Sri K. G. Kunju-krishna Pillai is ousted by Sri Gangadhaca Menon, That being bo, he doubts whether Sri G. N. Tampi and Sri Gopala Panioker would tiat )6 expeHed by similar leas competent persons {Passage in Malayaiam omitted). The paper suggests that those who steal in the night have fear that the daylight will break before long but asks how awful it would be if they steal in broad day light.
10. Item No. 6 ia the whole article entitled (caption in Malayalam omitted) published in the issue of nth Vrischigom 1124. A free translation of the article is sub-joined ;
Baigns-Keigns; the popular Government, having denounced the ministry which was the object of adoration (word in Malayaiam omitted), tar the people, have now fixed another ministry in ita place. They too rule, but what da they bring? What good haB the country derived? The question that nropa up here ia, has any solution been brought about to any ot the important and difficult problems (ot the State)? if the present ministry o&nnot; give an answer to this, then, for whom does thia ministry exist?
The first ministry has not really solved any ol such important problems. They however introduced prohibition.
The Congress party has raised this second ministry to the head ot the State, deolaring the same to be an expert one. Yet what is the result?
The second ministry is giving for clearance thousands of acres of good forest lands to big e3tate owners. HaB any grain of paddy, taken from the fields let out for agriculture by Government last year, been included in the rations o any poor man? Those paddy have only added to the store of the black marketers. Now forests and products thereof are being granted, as if donations, to big eagle-like men. It ia so stated, not because It was given to one A. P. Ninan, but in the sense that it should not be distributed to G. P. Mohamad, or 0. P. Krishna Filial or V, P, Burna Iyer or to any body.
Teak from good plantations is given to Sri E, John Kuruvllla, brother of Sri E. John Philipose, editor of Swathanthrakahalam, incurring thereby a loss to the State. The Information Direotor who said that there are no forests in Eulathupuzha would tomorrow say that there is no teak in Travancore.
What right is there for Sri E. John Kuruvllla and the T. K. Ministry to enter into a mutual bargain about this? Is it part of their family acquisitions? The Ministry should answer this, or the public must make (hem answer. A single aoousation of this kind, if proved, Ia enough to dissolve that ministry. This fact should be intimated to the Government of India that removed Sri ShMaugham Chetty, who was in fall glory, ftom arrive. It appears that this ministry on do anything.
This ministry is alienating the forest and their valuable products, It doas not stop there.
They bave confused the whole education system. Why did the ministry make saoh hurry to stop the Pre-University scheme? Have they not brain enough to understand that a reform on the lines proposed by the Education Commission would sooniba introduced. (Are they not aware that scholars are in favour of Pre-University) The reason is something else. They want to please the Section 73. For that, the system of education has to be modified thus. The grant ot forest areas and sale of timber are all intended to satisfy the interested parties, if the students are not won to their side, they will create commotion. If they are beaten, the ministry will collapse. Then they will have to get on as Vakils without remuneration. How could they then faoe the public? It is in consideration of all these that they are spoiling the interests of the'State.
Six is a very bad figure. Yet Is It a butden to the country to take one more minister for satisfying the Muslim League. Any number of Ministers, exceeding five, will be quite unwieldy for such a email State. It is but natural to ask that if an ordinary man like Sri P. 0. N. Unnithan oan govern the State singly why should there be such a big number of ministers. It is impertinent to swell the ministry jut to please eaoh and every organisation If they do not want their salary, then (all right), let them serve (the country). These are days when people, who have not even dreamt of becoming Ministers, suddenly sooure such positions. It is the poor peasant and labourer that have to feed these people,
Whether the plantain loaf falls on the thorn or the thorn on the plantain leaf, it Is the leaf that sustains damage. In a similar way, whoever tides on the palanquin, whether a Minister appointed or elected, the burden is on my son'-the ordinary man, the common man. That is his fate.
It ia the common folk that form the majority of the people here. Why should a ministry (whichever it be or to whomsoever it may belong) which does not enure to the happiness of the majority rule in this country 7 What has this Government done to secure employment to the people without work and to the starving masses? What have they done to the students who are compelled to discontinue their studies for want of means to pay fees? What have they done to the homeless? What have they done to the destitute and the disabled? Have they done anything to put down bribery, corruption and blank marketing? What have they done to remedy food scarcity, to safeguard the liberty of the citizens, and to curb the capitalist-? Have they done anything to the poor ryots, except squeezing their sweat and feeding themselves upon their flesh and blood. The Ministers have sown the seeds for capitalists to flourish by free grant of forest lands, timber and appointments to them. They also go round addressing the public, publishing statements in papers, and destroying the integrity of education.
The first ministry with a bettet leader, nay, that leader alone, was kicked out beoause be did not dunce to the tunes of the conceited oommunalists. The inauguration of the seoond ministry paved tha way for the friends and patrons of the conspirators to plunder and loot. Why does that political champion, who criticised in all fury, at a meeting in Veljayambalam, the policy ol the leader of the first ministry, now remain mute regarding the grant of forest lands and timber? la that self-imposed leader dumb now? Many persons are now permanently lodging in restaurants at Trlvandrum, with a view to start new companies and divide tha valuable treasures of the country among themselves, These people will eat away even the useless remains in the country within six months, They are hailed by some dirty newspapers. They must lend their ears to the wild philosophy of Sri Mammon Mappila, who continues his paper after tendering an apology. That la supported by some holding iron olubs. To what depth thia oommunallam will sink the country, remains to ba aeen.
The conspiracy now going on here is directed against the poor olasa The members thereof are self-centered oommunalists. The present ministry is an ofl-sboot of their magia. This ministry is ready to grant anything required by the communal favorites, who are their originators. How could they deny? Their minister-ship is based on Pathivarom contract. The poor will never derive any benefit from ibis ministry. It as certainly 80. This ministry will smile, but its position is similar to that o( 'lcaniyar'a bull.' Suppose the Ministers now disobey these dreadful oomrauoalists, who are the sole directors of the ministry; then the very next dy they will have tha same fata whiob Sri Pattom had to face. But it is not going to happen. Cowards oannot attain the stage of Pattom. Don't be afrniii Just see; the absence of a single bone in one's body enables him to avoid man; troubles and become a Minister or even a Prime Minister. Cursed bone.
This ministry will please their originators and at the same time satisfy their ends. That is what we see here. YVby do they rule thus 0 God Take away the 'drinking vessel of State' from their hands. At thia rate thia ministry -the second ministry-ig sure to end before it tumbles down.
11. Item 7 is the leading article published in the issue of latti Vrischigom 1121 under the heading (Heading in Malayalam omitted.) and item S is the leading article appearing in the issue of 24th Vrisahigoni 1124 with the headiEg (Heading in Malayalam omitted.) a free translation of the articles is given below:
Why not resign ratniBtership:-Tha following is not the outcome of personal prejudice. We never allow personal considerations to creep into guoh mattera, Travanoora is an object of envy for the neighbouring countries, dua to several reasons. It is needless to state that, In point of eduoation, merit and efficiency the Travancoreans are respeated everywhere. Thia being the state of affairs, it is deplorable to reoolleot the case ol some ol the members of the second ministry. In this popular Government, even an ordinary man oan become a Minister. But even such an ordinary man feels ashamed of having some of our present Ministers, It is doubtless that many of our ordinary men ara by far superior to aome of our Ministers in point of intelligence, oodrtesy and knowledge. The Ministers need not be provoked at thia (statement). This is only a disclosure of actual experience and confidence. Our financial Minister is a person who openly proclaimed that administration is nothing more than the distribution of appointments. These Ministers wield authority and power in order to gain their ends by throwing dust into the eyes of thoae who are really fit and merited. It cannot be gainsaid that, by suoh acts, they have demolished the preBtige of the State and the reaped; for authority.
Another Minister is the one in charge of Education and Labour. Sri Kunjuraman has himself admitted in a meeting at Alwaye that he has very little knowledge of education and labour. If tha selection of Sri Kunju-raman as Minister for Education and Labour ia simply on account of want of experts on the subject in the State, then it has to be pointed out that the Congress party has brought in more shame to the country than what the innocent Sri Kunjuraman has done. It is now dear that the idea of the Ministers is not to carry on the administration to the welfare of the people and tha State, by conferring authority on really deserving hands, but only to seize power foe themselves even though they are lacking in the efficiency therefor. What benefit has the country gained by Responsible Government If any one in the world is desirous of observing a state of affair in which illiterate people are posted to govern and protect the literate, ha may come now to Travancore. Let us remind these Ministers that their; best service to the country will be to resign then' ministership forthwith and thus refrain from bringing down Travancore, noted for ita scholars and experts, to humiliation and ruin.
12. Item 8:
Party versus group: - The Congress baa now changed its party policy and has formed a group within itself. The leaders of the group are those who1 brought about the ruin of tha first ministry. This group aas been strengthened by the inclusion of aome silly beggars in its fold of communal bias.
In this country the decisions of tha State Congress party, which is but a brute majority, become law. That party is now controlled and guided by a group ol capitalists tense with communal spirit. None of tha members of the party is allowed to bring into tha assembly any proposal without previous discussion and acceptance of the same at the party meeting. That is, nothing can be proposed by any member of the party in the assembly without the permission of the leader group in the party, The assembly can thus function only in accordance with the will and pleasure of this group. It has to dance to the tunes of the group. Since the very bonea and flesh of this group ia molded of comraunalisrn, thia vice prevails in the assembly. The popular form of administration will speedily vanish from the plaoe where a group of communally interested people rule.
The present ministry ia born of and tutored by communalism. In the matter of clearing forests, granting timber, aad, In short in everything, communalizing reigns supreme. Thia ministry is but the wild growth of weeds (word in Malayalam omitted ) on the threshold of this group of oommunalists.
13. Item 9 ia the heading given to the lead-ing article of the issue dated 39th Vrischigom 1121 and certain passages courring in it. Under the caption (caption in Malayalam omitted.) the paper said:
The administration now prevalent in Travanoora is an uncivilized one. It will not be a mistake to term communalistic administration as uncivilized, in the face of the fairest forms of administration now prevalent all over the world. This administration has converted thia Eden of India into a dreadful field for cremation.
We do not wish to tire our readers by details of past histories. Our present Ministers, by their conduct give us an impression that autocracy and Dewan'B rule are far preferable. Travancore Js inhabited not by an uncivilised BiBfla but by a civilisod group of oultured people. How can we allow such a group ol oultured citizens to be ruled by a set of uncivilised people Let us now examine the case of our representatives to the Assembly. We have not selected the best persons to represent as In the Assembly at the laat election. And this present ministry, which is formed by the worst among them, baa brought shame to the State, In the name of democracy they are carrying on a rule of puro autooraoy and they are bringing the State to ruin. This model State In India is now coming down more and more from civilization. This ministry is mocking at the face of the oultured and civilized Travancoreans. The public would have noted the proceedings In the Assembly that closed yesterday. Oars is one of the very longstanding Legislative Assemblies in India. Never before was there an occasion when this Assembly consisted of such illiterate persons and remained so subservient. Asstmbly members, with knowledge of Parliamentary Bulea and oapabls of repreEenting, and working to, the interests of the people, are now very few in number. We are really ashamed to have in the Assembly, which has the high responsibility of framing laws of the State, such vague and illiterate persons, who are quite inoapable of even understanding legal literature, when there are reallj eminent persona outside the Assembly. These members are lacking even in the power of discrimination, in the matter of selecting from the roles and regulations passed by the Government of India, those to ba passed here. Travancore is a small subordinate State and what will bs the fate of this State if parsons who blindly believe that Travancore too has its foreign policy hold the authority to create law). They moat Ignobly presented a 'United Nations Seourity Caunoil Bill.' This bill is neoeseary only for independent big powers. It is really foolish on the part of a subordinate State to copy this procc duro adopted by the independent Indiau Union. When Sri Pattom pointed it out, the bill, instead of being rejected, was placed before a Select Committee. Neither the Ministers nor the group entrusted with the discussion of the bill sat patiently and studied the bill Farther they cannot understand even if thty 6tudy. If anybody who has studied the bill proposed any modification it will not be allowed. Such is the autocrsoy prevalent in the Assembly. The present oommunalistio group oan rule quite happily. Sinoe they know nothing they cannot hear what the cultured people say. They will not mind even if they ate contradicted. Above all there is no party to oontradict. It is such a pitiable state that we are now in.
The cultured people of Travancore are now governed in a hopeless manner without any regard for the broad principles of democracy. They (Ministers) are inoapable of oarrying on an ideal Government. Oar Chief Minister declared something in Madrae, quite similar to the proverbial talk ot a fly, namely 'I and the oiooodile together seized an ox,' It was also caused to be reported by the A, F. I, The facts contained In it comprised in its majority, the achievements of Pftttom Ministry. The present ministry, by attributing to Itself the achievements of Pattom Ministry, is indirectly praising them. Anyway, our State will prosper only if the administration by this group containing these foolish representative members of the Assembly and the Ministers who are In no way better is ended.
14. Item No. 10 is the whole of the leading article ot the issue dated 9th Dhanu 1134 in which the paper asked for the resignation of the ministry, It is SB follows ;
(Caption in Malayalam Omitted), '(Will not this ministry resign ?). We are unwilling to remark, as Kerala Kaumudi did some times back, that 'tbis cabinet must either resign or it will be made to resign.' But, if the Ministers have eyes to observe the present state of affairs in the country they ought to have resigned far earlier. It is not strange that people who do not 8MB for public benefit and democracy and who have nooons-oienoe are anxious to continue in power by book o crook. The remark of the communists that 'T. K. ministry somehow or other crawled on to power,' appeals to be be true. This ministry is quite ignorant ot what is actually taking place in the country, Does not the Honourable Minister realise that communal partiality now reigns supreme in appointments to Government Service I Does the Chief Minister Support some communal leaders in their trials to enrich themselves by deceiving Government 1 Why should the Minlstwi carry on tours incurring a high cost to Government?' Are not the expenses met for tours made lot the purpose of opening banks, loss to Government Even now, we learn that the communal leaders have decided to offer the Ministers attractive receptions at ever; Pakutbi headquarters during their tours to Noith Travancore. They are thus scheming to gain their ends by winning the favour of the Ministers.
These tours greatly, impede the regular work of the Ministers in the administration of the State. Among such useless tours, it may rarely happen tbat some Government affine is inspected. But most of such. tours are intended for private benefit only.
It is generally believed that of the six Minister -only two, namely-Shri A. J. John and Sd Markoaa-are achieving their objects in the country. It ia rumoured that these two Ministers aim more for the interest of their community than that of the Slate. It is'with this communalistic spirit that they guard corrupt officers belonging to their community lika Dr. Koshi, Director of Education, Sri Joseph John,. Electrical Engineer and Sri C, I. Abraham, Financial Secretary, We are at a loan to know whether the T. K. ministry continues in power with or without the knowledge of this dangerous situation. In no other country oan we hear of such serious allegations against officers. The inference ia that, either this fact has not come to the notice of the ministry or that tha ministry having known it, is unable to take serious step3 to mend matters. This ia quite unbearable. In case the Chief Minister is obstructed by oommunalists from proceeding in the path of justice, then, in tha interest of popular welfare and justice in tba State, the Chief Minister should not continue in power any more. In the face of suoh allegations like communal partiality and misappropriation, it is shameful for a popular Government to continue in power, without taking the neaeseary legal ate pa in the matter. It ia highly essential that either the persons who raise auoh alligations be prosecuted or that a public enquiry ba held regarding these officers. In the absence of these two, the inefficient ministry must resign so that other countries, with good administration, may not feel ashamed.
15. Item No. 11 is the leader ot the issue dated aieb Dhanu 1121 in which the ministry is accused of treason in the following words:
(Caption In Malayalam Omitted). '(Act of treason committed by the ministry). Tbo activities of the Cabinet that are being known daily convince us that the Cabinet's intention in continuing in office without tendering resignation is to ruin the walfare of the people. Tbo Government which was started on behalf of the people has now turned out to be a communalistic one, They declare those who accuse them to be oomrriunalist3. It 'la not surprising to cote that this Government which exists for upholding the interests of oommunalists is 'bringing in shame to democracy. They never desire to keep up the prestige of democracy. Noticing the Inefficiently, Irregularity, communal bias and lack of jwinciples of the present Cabinet, we suggested more than once that the best step in the interest of the Btste Will be for this Cabinet to resign. The following is a serious crime committed by the Cabinet. The readers will kindly bring to memory His Hifthnesa'a taat to Scuth Travancore, The leaden of the Tamilnad Congress were given permissions at the instance of the Ministers to interview His Highness and dis-srass polities. This Cabinet thus induced His Highness to interfere in party politics. Though the anxiety at the separation of Tamilnad from the rest of Travan-sore deeply ascents His Highness, yet that anxiety is likely to be only a reflection of that of the people.
Our Ministers, aa the representatives of the people Slave full authority and power to put forth their best endeavours in this matter and find a remedy. Even i( the Cabinet had induced His Highness to interfere ikj this affair only after a thorough attempt on their jaurt to please the Tamilnad leaders, yet such a procedure Is qoita illegal. We are at a loss to know-whether there exists any similar democracy on the face of She earth which might have served as the model to our Ministers in so dragging the sovereign to interfere in -party political. The Cabinet of no democratic Govern-tnant will thus belittle Sovereigns by suoh unsound advice. Patriots cannot tolerate such insults. No Cabinet in England am ever hope to live after instigating 'the King to interfere in party politics. The British jfeople are highly advanced in democracy. Our ministry ia a oommuaalifitio one. There is a tree named -Kadaladi which has no connection with the sea.
Our popular ministry in a similar way has no res-peot for the ideals of a democratic Government. A few -days after interviewing His Highness, Sri Nathaniel, the leader of the Tamilnad Congress, forgetting his position, has published an allegation that His Highness is insincere. A King cannot commit any mistake In democracy. In Travancore, even beforo the advent of democracy, our Kings were ruling only as responsible rulers. Even then, the responsibility for errors in administration rested on the Dewan, sinoo it was only according to his advice that administiation was oar-ried on. The present ministry has spoiled the glory of Bis Highness. Such unfairness and treason on the part of the Ministers is quite unpardonable. Our only .request at this junoture to the people of Travancore is that we must not allow this Cabinet, which is bent upon ruining the State by treason and faithlessness, to continue any more. Leave aside the oonsidorationa for the party and its administration. Their self-isonaeit should he curbed. There are many Travan-ssoreang full of love for the Sovereign and their motherland outside the party and ministry. Such men -snaBt unite together and drive out these usurpers from the ministry. Travancore must preserve the sanotity of democracy and Kingship. We beg to point out to the Travaaooreans that no moment Bhould be lost in achieving this end.
16. The next (item 13) is the leading article ia which. the ministry ia attacked foe super-eeding the loamier of Miss Samuel, a lady doctor employed in the Medioal Department of Government:
(Caption in Malayivlamomitted.) (Either of the two). She second ministry, after denouncing the first minis- try, has assumed charge in order to make the popular Government efficient andrioh. Within these three months after their assumption of charge, they have committed ever-so-many high-handed acts, the most important of which is the removal of Miss Samuel from the post of Surgeon General. The degradation of Sri K, G. Kunjukrifihna Pillai was its forerunner. We hart strongly condemned theautoaraoyand wioked-neas exhibited in the degradation of Sri Kunjukrishna Pillai. The same traits at a higher pitch are re-exhibited in passing thiB order regarding Mies Samuel. We are, therefore, constrained to exurefs our opinion on this matter ton. Whenever Government acts contrary to law and justioe, every true and dutiful citizen will surely oppose it. The attitude of Government towards Miss Samuel is cent per cent demeaning. Many of our contemporaries have expressed boldly the meanness of the Government order. Sri G, Ramaohandran, ex-Minister, who was holding charge of the Medical Department has criticised in very strong terms the sheer injustice sbon by Government in the case of Miss Samuel. But the popular ministry is moving on, turning a deaf ear to all these. Why do we still term this ministry to be popular Is it popular 1 We fvsk. Our opinion is that it is wild, Concealing Itself in the guise of democracy, this ministry in committing injustice. How often we and the public of this State put up with this 1 Where in that 'Keralakaumudi', which raised a huge cry against the flrst ministry, now gone? Haa that newspaper nothing to say regarding the action of Government in the case of Mis Samuel? Does not 'Malayalamanorama' know this 1 Anyway, suoh a state of affairs is unbearable to us. To our eyea, this is wickedness and villainy of the Dusasarm type. This one wicked action is enough to ptoolaim that this ministry ia not a popular one and that it ia unreliable and that it should, therefore, be thrown down. Much water has flown under the bridge after we wrote about this. The boldness of this ministry to dis honour public opinion is something extraordinary. Even autoorate will have some regret for public opinion. But this popular ministry is quite indifferent to the waves of pubilo opinion and In complete disregard of justioe and duty it acts as if it is free to do anything it likes. This ia the one and the only popular Government that bas committed suoh disorder within three months. If this is to be the attitude of the ministry in future, we ask, what ia going to be the future of the country ?
How much of forest lands has this Government alienated to appease the wild hunger of the capitalists We tried to dissuade the Government many times. The Goverr ment was also very particular in the matter of granting timber. That too we strongly opposed. The Government which saya that it is in want of money has enough to advance twenty lakhs to a oement company. That too wa opposed. We wrote a lot about the head of the department who was blind to justioe and duty, That too proved useless. The weapon of disciplinary action whloh proved to be blunt when directed at Dr. Koehi proved to be very shurpe when used to punish one Sri Harlhara Iyer. That too we condemned, But all our criticisms proved to be ories in the wilderness. A question may, therefore, be asked as to why we repeat.the oritioism in the case of Misa Samuel also. We do so because it ia our duty. We are really sorry to have been driven to the necessity of writing so much against this popular Government, Yet we have to observe the duty of newspapers towards the public. Is not Miss Samuel too our Eister Has not the Government shown deplorable injustice to her? This Government should not be allowed to prolong any further. This Government must either rule with justioe and truth and as the representative of the people, or It must surely die. Democracy oannot exUt aide by Bide with autocracy. The question before the punlio ia this: 'Do you want popular Government or this ministry which la quite the opposite. If you want popular Government then thia ministry which aims its weapon at it should ba dispensed with. Hurry to happiness.
17. Item No. 13 is an article contributed by one of its correspondents entitled 'Syrian Ministry' in the issue of 26th Dhanu 1124. This, according to the Sirkar, tends to promote feelings of enmity or hatred between the several classes of the people. This will be dealt with in its appropriate place later on.
18. Item No. 14 is the last of the series of attacks made on the Ministers individually or collectively. This has singled out the Ouief Minis. tar for an open attack in which hia antecedents, character and uublio activities are discussed in the moat obscene language imaginable. All public men are liable to be criticised in respect of their public activities but it is nowhere recognised as the privilege of the press to embark on a criticism of the above type We do not wish to give a translation of the article or even an abstract of it. It does not serve any purpose in this en. quiry as, in out opinion, an article which attempts to lower a Minister in the estimation of the public ia libellous of the Minister but not seditious of Government.
19. We have given above a free translation of many of the articles and a brief summary in the case of certain others. The object of the newspaper was avowedly the overthrow of the new Ministry and, in argument before us, the learned Counsel for the petitioner made no aeoret of it. According to the learned Counsel 4he Ministry formed under the Interim Constitution Act of Travancore wag neither the Government of Travancore nor any part of it and chat as such it could be attacked without exposing oneself to a prosecution for sedition or to any penalty under the Newspapers Act, This, we are constrained to observe, is an exaggerated claim put forward on behalf of the press and the public. The question whether the Ministries formed in India under the Government of India Act are the Government established by law in India or whether they are mere individual members of the public who do not separately or collectively constitute Government, has been the subject of discussion in several derisions by the High Courts in India. We shall refer only to thro of these decisions. The firt is Dtwrendra Nath V. Empuror I. L. R. (1988) 2 Cal. 672 : A. I. R. (25) 1938 Cal. 751 : 10 Cr. L. J. 82 where it was faeld that Ministries formed under the Government of India Act, 195, for running what was called Section S3 Government' did not constitute Government and that a publication which in res-peot of a Government wouli be considered sedi. tious would not be seditious if said of such Ministries. Bartley J., stated hia reasons in that case in the following words:
There ia no specific profiaiin in the Government of India Act vesting the Ministry with executive functions. On the other hand, such function 'shall', in the words of the Act, be exercised by the Governor either directly or through offioars subordinate to him. The position seeon to be that, unless the Miniatry oan be hald to consist of officers subordinate to the Governor within the meaning of the Act, it oannot exetoise executive functions.
The next case is Emperor v. Hemendra Prosad A.I.R. (96) 1939 Cal. 629: 40 Cr. L J. 782 S. B. where the same question vas raised before a Full Bench After referring to the various provisions of the Government of India Act the learned Judges stated their reasons in that case in the following words:
There is no epeoifio provision in the Government of India Act nor in any other Statute ot Act which we are awito of vesting the Ministry with executive functions. On the uther hand attoh functions 'shall', in the words of Section 49 of the Act, 'be exercised by the Governor either directly or through officers subordinate to him.
They further held that Ministers chosen from the elected representatives of the people of the Frovinoe for the purpose of carrying into effact, if possible and within prescribed limits, their wishes, and acting as advisers to the Governor, cannot be described as officers subordinate to the Governor within the meaning of Section 49, Government of India Act, 1935. They concluded that, although in popular language, the Ministers may be referred to as the Government, they are noli the Government within the meaning of SSection 17 and 121A, Penal Code. The third case is where the matter came up before a Full Bonon of the East Punjab High Court recently in Kidar Nath v. The Grown A. I. R. (86) 1949 B P. 289 : 60 Cr.L.J. 756 F. B. After referring to the decisions in Parkas. Ghmd v. Emperor, I. L. R. (1937) 18 Lah. 445 : A. I R. (24) 1937 Lab. 513 : 38 Cr.L.J. 898 SB. Emperor v. Hemendra Prasai A.I.R. (26) 1939 Cal. 529 : 40 Crl. L.J. 782 S. B.; Emperor v. Sibnath Banerji A.I.R. (32) 1946 P. C. 156 : I. L. R. (1945) Kar. p. C. 371; Bhagwati Charan v. Provincial Government G. P. and Berar A.I. R. (84) l947 Nag. 1 : 47 Cr.L.J. 994 S.B., and In the matter or Zammdar Newspaper, Lahore, A. I. R. (21) 1934 Lah. 219 : 35 Crl. L.J. 966 S. B., their Lordships observed as follows:
The learned Advocate General took us through tha provisions of the Government of India Act as amended by the India (Provisional Constitution) Order, 1947. He pointed out that the Ministers now exorcise much vider powers thn before 15th August 1947 and that the discretion of tnn Governor bad been entirely token away. Ha was obliged to allot all the bualnau of Gov- eminent to hie Ministers. He himself bad no power in the administrative field and since to defame an; Bee-tion of the executive was to defame the Government, an attack on the Ministry was an attack on the Government as established, by law.
Thus all the three decisions bear on the interpretation of the provisions of the Government of India Act as it stood at the different dates of the publication of the offending articles. The question would therefore depend in each case upon the provisions of the relevant Statute under which the Ministries ate constituted and not upon any innate defect in the legal constitution of Ministries in general.
20. A Government in connection with the offence of sedition denotes the person or persons authorised by law to administer executive Government in the State. Under the Interim Constitution Act (1123) about which reference has already been made in an earlier paragraph, Government means the Maharajah exercising the executive authority on the advice of a Council of Ministers appointed under the Act. The Maharajah does not ostensibly reserve any discretionary power to refuse to listen to an advice tendered by the Ministers and as Buoh has no power apart from the Ministers to exercise executive authority. All executive action is to be taken in the name of Government so that in the constitution of Government under the Interim Constitution Act the Ministers form such an integral part of it that one cannot be divorced from the other. Section SO of the Act dealing with the residuary powers of the Maharajah states that 'when the Government cannot be carried on in accordance with the provisions of the Act'-and only then.-He may by proclamation declare that the Government shall to such extent as may be speoified in the proclamation be 'exercised by Us in Our discretion'. Thia, to out mind, is clear indication that the discretionary power comes into play only when the constitution fails and that, until then, the executive functions of the Government as enjoined by the Statute is to vest in the Maharajah and the Council of Ministers. We therefore feel no hesitation in holding that the Council of Ministers do represent the Government under the Interim Constitution Act and that an attack on the Ministry is an attack on Government for purpoees of sedition cinder the Newspapers Act and Section 117, Travan-core Penal Code. We have also noted in several of the publications that apart from the contention set; up before us, the paper itself uses the expression 'Ministry' as interchangeable with Government.
21. We shall next deal with another argument of the learned Counsel based on Article 13 of the Draft Constitution of India which guarantees to all citizens of India complete freedom of speech and expression. According to the learned Counsel its effect is to put the Indian law of sedition on a par with the English law under which public disorder is made the gist of the offence. Clause (s) of Article 13 provides that the provision relating to freedom of speech shall not
affect the operation of any existing law in so far as it relates to, or prevent the States from making any law relating to libel, slander, defamation or any matter which offends against deoenoy or morality or which undermines the security of, or tends to overthrow, the State.
Whatever be the interpretation of this clause, the argument does not admit of any serious consideration inasmuch as it has not been passed into law, It is inappropriate to expound the law in the light of prospective legislation. We are in these proceedings called upon to apply the law as it stood on the date of the publications. That law is. contained in Section 117,. Travancore Penal Code, corresponding to Section 124-a Penal Code. It penalises all those words which create disaffection against Government or bring it into hatred or contempt. But the same Section provides for certain safeguards which guarantee freedom of speech. They are the Bxpns. II and HI to Section 117 which are to the-following effect:
Explanation II__Comments expressing dieappro- bation of the measures of Government with a view to obtain their alteration by lawful means without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence.
Explanation III.-Comments expressing disapprobation of the administrative or other action of the Government without exciting oc attempting to exoite hatred, contempt or disaffection, do not constitute an oflenoe.
Thus to escape penalty under the law at the present day a publication should fall within either of these explanations. Das C. J., in 'Pratap' New Delhi v. The Crown A.I.R. (86) 1949 B. P. 305 : 50 Cr.L.J. 813 (S. B.) observes as follows
The only safeguard now available to the subject is what is provided by the several explanations appended to the sections. Every comment expressing disapprobation of the measures of the Government, or of the administrative or other action of the Government in the nature of things and strictly speaking, is likely to create a certain amount of feeling of resentment against the Government but the explanations dearly indicate that the legislature has left some iroom, however restricted, for bona fide oritioism or comment.
In Kidar Nath v. Emperor A.I.R. (16) 192S LaSection 817 : 81 Cr. L. J. 608, the matter was put more worsely. It Baid that Section121-A does involve certain restrictions on criticism of Government but the explanations added to the section indicate the limits of lawful criticism and it is the duty of those who wish to keep themselves within the law io abide by them. In Mrs. Bessant v. govt. of Madras 89 Mad. 1085 : A.I.R. (5) 1918 Mad 1210 : 18 Cr.L.J. 157 S.B., it was pointed out that disaffection, hatred or contempt which is penalised by the law of sedition can be created by articles imputing to Government base, dishonourable, corrupt or malicious motives in the discharge of the duties or by articles unjustly accusing the Govern-ment of hostility or indifference to the welfare of the people. The Bombay High Court in Emperor v. Maniben Kara 67 Bom. 253 : A.I.R. (30) 1933 Bom. 65 : 34 Cr. L. J. 231, observed that where a speech was to suggest to the persons to whom it was addressed that Government was taking sides against them by taking the part of their opponents the words aame within Section 1U-A, Penal Code. Thus, the law recognises a certain amount of liberty in the citizen to oriticise Government with reference to its measures but it was at no time considered to be unlimited. One rule which guarantees liberty is to construe the articles in a liberal spirit and not to over-emphasize any word here or there. The Court will then consider whether there was any deliberate transgression of the limits which the law imposes. It is only in the light of those well recognised principles that we can decide whether these articles infringe the provisions of the Newspapers Act by reason of their being seditious or having a tendency to sedition.
22. One feature common to all these articles is that they are couched in strong and highly inflated language and, in many cases, descending to vulgarity. The paper seems to have been expecting a debacle in the new Ministry by which it aame to as early a termination as its predecessor and when each day passed without any such spectacular mishap, it became more and more exasperated and less restricted in its expressions. We have already indicated that the openly acknowledged purpose of these articles was the overthrow of the Ministry, but whether, in bo doing, it has transgressed the limits which the Jaw imposes is the only matter which concerns us at the present moment.
23. The first article consists of two parts. The earlier part entitled ' (Caption in Malaya-lam is omitted ) is nothing more than a personal attack on some of the Ministers and it contains no reflations on the Government as such. The other is not so innocuous. It attributes base partiality to the Ministry as a whole and points out how the ministerial axe in its ruthless course against alleged corruption in service always falls on a particular section of officers of one community only.
24. In the second article the writer attacks a member of the Ministry for wasteful expenditure incurred on tours and suggests that a recent visit made by one of the Ministers to his residence during his official tours resulted in the extension of electricity to his own family residence. The imputation no doubt lacks good taste and decency and the last portion which compares bribery to prostitution, and recommendations to rape of official virtues may be vulgar. But they cannot be said to be seditious aa they do not refer to any of the governmental actions of the Ministry.
25. In the third article the writer regrets suspension of the Sasthamangalam procession and points out that the ceremony being of a religious nature and regarded as sacred to the Hindus should not have been stopped. He doubts whether the Christian element) in the Ministry could have been responsible for it, for aooording to him, that religion is not averse to forms and ceremonies. In the last sentenoe.'how-ever, he suspects whether as the rumour goes it may not be due to the influence of Christians, This article contains no definite allegation imputing any motive to Government which may be said to have a tendency to bring the Ministry into contempt or hatred. We would, therefore, hold that it is not seditious.
26. Item & consists of two articles, the leader and an article contributed by another. The occasion for the leading article is a statement made by one Minister that so far as he could see an important function of Government was to distribute offices. The statement was not evidently intended to be taken seriously, but the paper made a mountain of it and surmised that he would be liable to caste partiality. No specific act was attributed to the Ministry or the Minister and nothing so serious was probably intended. It is an unwarranted attack on an individual member of the Ministry. This has to be ignored as not being seditious of Government. In the other article (caption in Malayalam omitted) the writer attributes corruption. Though no one knows what exectly 'Damodaran case' is, it is understood by the public to denote a fraud on the Government revenues on a gigantic scale. In referring to the reported timber deal by Government with one John Kuruvilla the writer suspeots foul play and corruption and states that there are, over and above the Ministers, several othera who have come for a share of the booty. This cannot but be treated as an attribution of corruption to the Ministry and as such held seditious,
27. The fifth article, entitled 'Day light rob-bery' points out that the Ministry is stealthily pushing into office members of their own choice and sending out others whom they dislike. It aa- serts that though the Ministry would pretend to doit for the national well being, in reality it is guided by clannish and communal motives which in spite of their beat effort to hide is discernible as in broad day light. It adds that the triok underlying the appointment of one man in the place of another of the same community is novel, but patent.
28. Article 6 tries to establish that the Ministry ia oommanalistio in its activities and establishes that it is an off-shoot of an organisation of self-centred oomtnunalists. The Ministry is characterised aa imbeoila and impecunious whose continuance in offioe is on a Pathivarom basis, that is, on the agreement that the yield would be shared equally between the Ministry and thosa who support the Ministry. Adverting to the timber deal, which is conspicuously referred to in another plaoe, the paper asks wbat right has E. John Kuravilla of the T. K. Minis-try to enter into any mutual bargain about it. It impugns the Ministry as dishonest and attributes corruption to it. We have no hesitation in holding that items 5 and 6 are seditious.
29. Item 7 puts the question whether the Ministers could not resign. It points out the ineffioienoy and incapacity of individual Minis-ters. It is no doubt couched in slanderous language but we doubt whether it amounts to sedition. We hold that it is not hit by the Newspapers Act.
30. In Article 8 the writer asks whether it is party organisation or group that constitutes the Ministry. It states that the Ministry whi'h is formed of those who brought about the collapse of the first Ministry has been strengthened by the inclusion of some silly beggars in its fold. Communal bias is said to permeate its activities and it further states that the Ministry is born of and tutored by oommunalism and in the matters of clearing forests, granting timber and, in abort in everything, communalism reigna supreme. We have no hesitation in holding ibat it is seditious.
31. Item 9 characterizes the Ministry as uncivilized. It contains a criticism on the in. production of a bill in the Assembly called the United Nations Seourity Council Bill which, according to the writer, was evidence of the ignorance and illiteraoy of the members of the Assembly. The language ia no doubt offensive and the sentiments expressed in equally bad language, but we doubt wbethei it amounts to sedition.
32. In Item 10 the paper aks whether the Ministry will not resign. Whatever be the an. xiety of the paper to precipitate the oollapne of the Ministry it cannot Claim to be offering honest and legitimate criticism of Government when it apart that communal partiality reigna supreme in appointments to Government service and charges the Chief Minister of lending support to communal leaders in their attempts to enrich themselves by deouiving Government. The paper aldo points out that two at least of the sis Ministers aim more for the interest of their own community and charges them with partiality for appointing two persons to superior posts in Government service. In spirit and tone, Items 11 and 13 are aa bad as item 10. In Item 11 the Ministry is charged with high treason and aocuses it of bringing shme to democracy. It is said to be inefficient, its proceedings are said to be irregular, communally biassed and lacking in principles. It excites the people to white beat and exhorts them not to allow the Cabinet, which is bent on ruining the State by treason and faithlessness, to continue any longer. In Item 12 the paper attacks the Ministry for overlooking the claims of Miss Samuel for the Surgeon General's plaoe. The act is eaid to ba steeped in injustice and urges it as a ground for terminating the Ministry. This supersession ia aid to be wickedness and villainy of the 'Dussasana' type, The Ministry is said to be unreliable, indifferent and opposed to public opinion and acts in complete disregard of justice and duty. It declaims that 'this Government must either rule with inatioe and truth' or it must surely die, implying that its acts are otherwise. We feel no hesitation in holding that Items 10, li and 12 are seditious.
33. Item 14 is a scurrilous and personal attack on the Obief Minister c uobed in lewd language reveling in vulgar sentiments It is libellous from beginning to end but we doubt whether it is seditious of ernment to publish a libel on the Chief Minster.
34. Thus our conclusions ara that the second part of item no. l, the second pare of item No. 4, and the whole of items Nos. fi, 6, 8 10,11 and 12 are seditious and the rest are not seditious.
35. The next question for consideration ia whether the articles tend to create class hatred. The learned Government pleader reliei on item No 13 aa the offending article under this group. That is in the following words:
Syrian Ministry It will make Travancore a Syrian 8tat. The administration of a Statf by a Cabinet, wil bosomed satisfactory and established, only if justice, equali y and equal opportunities are mads available to one and all, irrespective ol patrv considerations. The educated mass generally gauge a Ministry by their attitude in the matter of appointments. But, it is seen that in thia affair the prinolples of equality and 'affording equal opportunities to all' have not been brought into forae It has to be remarked that instead of thia principle of 'affording equal opportunities to all' it ia the prlnoiple of 'time-serving' that has been guiding the popular Ministry in appointments. It Is quite bvi-dent that Syrian Christians, especially Syrian Catholics have a great bold on this present dny ttdministration, Man; are of opinion that the (all of Paltorn Ministry was due to Sri Pattern's indirect trials to curb Syrian predominance. Though it is generally known that Sri John Philipose, T. M. Vargnoso and A J. John are the persons who torpedoed Pat'om Ministry, yet many are not still aware of the details of the conspiracy. If the aobemes worked out b? the-ie three Syrian Christians to boycott Pattoin Ministry are brought to light, then anybody wM be convinced of the (act that the present administration in Travancore is manned by Syrian Christiana. la this Syrian predominance the Catholic are the beneficiaries and they are trying with the help of their union and finance to make the best use of this Opportunity in bringing the maximum benefit to tba Catholics. There ia a great secret behind the grand reception offered to the Chief Minister and others at Palai and auob o her Syrian Catholic centres. Similar is iho aim underlying the congratulatory address oSered to Sri B V Thomaa. It will be worthwhile in this connection to consider the propriety on the part of the pop mlar Ministers, especially thet'resl-dent, who pretm.ds to be a no-party man, to eucoumb to such very KraduudcoBtly receptions. It is understood that in Coobin, none of the membera of he Praja. Mandla party ia allowed to aooept addresses oongra-tulutory or otherwise Irom the public. But the rules of the popular parts here appear to insist on the acceptance of every such reception, address and present Offered. But leave it aa it is. It is the duty of all the citizens, who aspire for the progress of the State, to unite together i i protecting against this time nerving attitude of the Syrian CUtnnlios.
It is clear that the endeavours of Sri A- J. John (who was adorning the president's a chair on the pretence of a no-party man) to become a Minister was also responsible for the devolution of Pa torn Ministry, Very grave are the eohemes plotted by Sri A. J John (1) in prorogating among the people at Meenaohil that the denial ot a sent to Sri R V. Thomaa in the Ministry was an injustice, and (2) in making Sri Joseph Thaliath, President ot tbs Catholic Congress, write to Sri Pattom that Sri A. J. John should be appointed Minister instead of Sri Korah. It is further known that Sri Joseph Vidayathil was Acting as the messenger in these afiaira for the no-party man Sri John The part played by Sri Joseph Vidayathil in this strategy to get Sri John, the then President, selected aa Minister instead of Sci R. V. Thomas, was all behind the screen Sri John has already rewarded Sri Joseph Thaliath for his services. Nest remains the reward foe the services rendered by Sri Joseph Vidayatbil, Sir 0- P OQO0, with a special motive, appointed Sri Vidayathil as an Election Commissioner. Sri Vidayathil fulfilled that evil objAct faultlessly. Following this precedent, Sri John too has recently appointed Sri Vida yatbil as Election Commissioner, from this it Is quite olear that Sir 0. P's appointments are respected even now. The popular Ministers have by this time made many appointments giving preference to those who have rendered eervioe to Sir 0 P. It ia doubtleas therefore that, when opportunities arise, everybody wilt act alike.
Catholics in high posts are few now. But there is a large number of Catholics in the Legislative Assembly. All ot them are on the side of the Congress. The Syrian Christiana have decided to make the beet use of this opportunity. The appointment ot Sri Sebastian as Public Service 0on,misxioner was intended to serve aa a medicinal pill to the staggering Pattom Ministry. But the Syrian Oatbolios did not favour Pattom Ministry on that amount, btoause they knew that they could get nothing mote from them. The present Ministry is always at the beck and oallof the Syrian Christiana. The fault is unreasonably thrown on Sri Kumbalam.Sri Kunab-alamandT K. are ever anxious to please Sri T. K. Phill-pode and John. Their impression ia that if the Syrian Catholics are diapleajed, then all the Syrian Christiana will baaome inimical and that the Miuis ry will col' lapse as a oanqnence. So they are read; to give whatever the Syrian Catbolios demand. In-tead of endeavouring therefore for change of Ministry, it is the dut of party leadera to oppose tbie Syrian predominance. It is doubtless that our country will soon becjme a Syrian , in case we do not unite to eradicate this growing communalistic capitalism, which is now being nurtured in shade of the Ministry.
It ia difficult to characterise the above aa tending to create claw hitred. It no doubt exaggerates the influence of one section of the Christians, namely, the Catholic Syrian community in Governmental affairs, but nothing is said to create class hatred. It does not also indicate any other specific community which can be said to have been influenced by it so as to create hatred A statement that a section is in greater power than another ban not been known to create hatred against it. Unless we understand the Syrian Catholic community aa forming one Glass as opposed to atl other communities such as Jacobite Syrians, Latin Catholic, Hindus and Mussulman as forming another class, it ia difficult to imagine bow the article can be said to create class hatred. We are of the opinion that the article is not hit by the section.
36. The next point for consideration ia whe-ther articles Kfoa. 1 and 18 are obsoena in character. There is considerable force in the contention that the paper delights in discussing decent subjects in indecent language and expressing itself in terms of sexuality and obscenity. In item no. 1 the paper describes bribery as eqnal to adultery and recommendation comparable to rape. In referring to supersession of the claims of a lady officer the paper describes the injustice as of 'Dussasana' typa. Item no. 14 is unsurpassed in its obscenity by any other article in these series. We do cot want to enter into any discussion for illustrating the mud-slinging capacity of the writer. It is enough if it is reoorded that the ideas are lewd and unfit for publication, in any event, in a newspapoc There are other instances occurring in one or other of these articles which might be cited, aa additional instances, but we think that the charge must stand in respect of articles 1, 13 and id.
37. The question bas been raised whether the paper could be held guilty of habitual publication of defamatory matter. Articles a and 14 are defamatory, but wa are unable to say whether they are punishable Under Section 603, Travancore Penal Code, for that would appear to be a prerequisite for proceeding under the section. It must be established that the instances are so many that they can be said to be a habit With the newspaper and secondly that it ia punishable Under Section COS, which ia possible only if it ia shown to be not covered by one or other of the eight exceptions enumerated in the adoption. We think that the the materials are insufficient to establish the charge,
38. In the result we direct that the above decision be forwarded to Government as provided in Section 10, Clause (a), Travaroore Newspapers Act.
Sankaran, J.
39. I agree.
Mathew Muricken, J.
40. I also agree.