Kolkata Court January 1931 Judgments

Jugal Kishore Dhar and anr. Vs. Emperor

Court: Kolkata

Reported in: AIR1931Cal633

Cuming, J.1. The appellant in this case, one Brojendra Nath Gupta, is the editor, printer and publisher of the daily paper 'Advance.' He has been convicted under Section 4, Ordinance 5 of 1930, read with Section 109, I. P.C., and sentenced to pay a fine of Rs. 1,000, in default six weeks' rigorous imprisonment. The ease against him was that he published in a certain issue of his paper the notice which forms the subject of the charge. By this notice the students are asked to concentrate on peaceful picketing in front of the Presidency and Bethune Colleges and the Burabazar area. The notice is signed by one Basanti Devi. The sole point which has been argued before me is that 'what is described as peaceful picketing does not come within the definition of molestation as defined in Section 3, Ordinance 5 of 1930.2. The section runs as follows:For the purpose of this Chapter a person is said to molest another person who, with a view to cause such other person to abstain from doing or to do a...