AIR 1947 LAHORE 340

Lahore High Court

Hon'ble Judge(s): Munir, Bhandari, Sharif , JJJ

(A) Press (Emergency Powers) Act (23 of 1931) , S.4(1)(h)— Scope - Headlines of article - Liability to punishment. Where the headlines of an article were to the effect that a seven hundred mile area of Bihar was purged of Muslims and that fourteen lacs of Hindus had assassinated one lac of Muslims. Held (Per majority of Full Bench - Bhandari, J., contra) that as it had not been shown that these headlines in any way misrepresented or went beyond the correspondent's report, the publication could not be brought under S.4, merely because it had been published in a broader type : 26 AIR 1939 Lah 81 (FB), Foll.(Para 24 34) Per Bhandari, J. :- In the eye of law the headlines of a publication are considered to be a part and parcel of the publication and can render a publisher liable to punishment even though the publication itself (minus the headlines) may be perfectly harmless. A sensational statement contained in the headlines in question put forward at a time when the atmosphere was surcharged with communal bitterness could not but accentuate the feelings of enmity and hatred between the Hindus and the Muslims.(Para 10) (B) Press (Emergency Powers) Act (23 of 1931) , S.4(1)(d), S.4(1)(h)— 'Class' - Meaning.....