What is Contempt of court ? The Order of the Court
That accordingly is the order which I think we should pass in the present case.
The order of the Court will accordingly be: “The Court finds the charges proved. It severely reprimands the respondents and cautions them both as to their future conduct.”
Mr. Hayward’s Judgment
Mr. Justice Hayward in a separate but concurrent judgment, after discussing the legal aspect of the case, made the following
“It is difficult to appreciate the position taken up by the respondents. They have expressed their inability to apologize formally but have at the same time represented their readiness to submit to any punishment meted out to them. It is possible that the editor, the respondent Gandhi, did not realize that he was breaking the law and there would be no doubt if that were so, that it was not realized by his publisher, the respondent Desai. The respondents seem to have posed not as law breakers but rather as passive resisters of the law. It would therefore be sufficient in my opinion to enunciate unmistakably for them the law in these matters, to severely reprimand them for their proceedings and to warn them of the penalties imposable by the Right Court.”
Mr. Justice Kajiji concurred.
Young India, 24-3-1920, pp. 7-8