Thursday, September 12, 2013

                “ I will do it again “ – K.M.Munshi

 The Chief Justice Beaumont was a severe critic of the Govt and  whenever he could find an opportunity  he would  readily lambaste the Govt. His armoury of  strictures , criticism and taunts was ever ready  for this pious task  !  

         Communal riots in Bombay  took place  in 1938  .. K.M.Munshi was   Home Minister of Bombay State then. Certain news papers were publishing the names of the killed persons , exposing the identity of their community , soon reading the names both the communities   got agitated  and were boiling with a sense of revenge. This added fuel to the fire and riots once started did not abate.The Govt was very much embarrassed and wanted to put an end to the riots  at the earliest.
          
         Govt. warned some  news papers, some followed the hint and stopped publishing the names of the killed persons, but some were adamant and  did not fall in line. As a result , the Govt asked the Dist. Magistrate to promulgate imposition of censorship on all papers, under Section 144 of the Criminal Procedure Code , this was done, censorship was imposed and the censorship had a  salutary effect, the communal riots stopped within 3 days. As the riots had stopped, there was no necessity for its continuance and so the censorship was withdrawn.

        In spite of this, one news paper challenged the order of censorship in the Bombay High Court . In course of hearing , the CJ criticized the Govt in undue harsh words  in the judgement and declared it illegal.

          The CJ and Munshi met during a social engagement   , when the Chief Justice    told Munshi in a posture of a victor that “ Munshi , I declared your order under sec 144 illegal  “ . 

           Munshi was not perturbed  and  told  Chief justice, “ If the riots will  commence again , I will not hesitate to declare censorship again and again.  My duty is to maintain law and order. Your duty starts when law and order is restored.  You , the judiciary , will work only if  the law and order is maintained.   “



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