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29. This is really the paragraph earlier than the one already considered under heading No. 3 as the more serious allegation and as one in connection with which the case-law could be more fully considered. The finding already given in regard to heading No. 3 is sufficient to establish that the corrupt practice set out in Section 123(4) has been committed by the respondent No. 1. All the same, the present heading has to be examined independently. It contains the following elements. First, that Dr. Khubchand Baghel made "filthy and false" allegations against the honourable and respected leader, the late Ravishankar Shukla, father of Vidyacharan, and Chief Minister of Madhya Pradesh from the commencement of independence till his passing away in 1956. Secondly, these allegations appeared from time to time in the communist newspaper of Bombay named "Blitz". It has to be noted that the writer is not speaking of allegations made by Baghe! at some time in the past or some matter of ancient history, but allegations which were printed from time to time in the "Blitz", (jhute aur gande arop lagaye jo samay samay par Bambai ke communist akhbar me chhape gaye). Thirdly, there was a suit for damages (the only one concerned was by Vidyacharan Shukla and three of his brothers against "Blitz", its Delhi correspondent and Dr. Ram Manohar Lohiya) in course of which an opportunity offered itself to Baghel to substantiate these allegations. Fourthly, instead of availing of it and proving his statements like an honest and self-respecting man, Baghel backed out with the result that the newspaper "Blitz" which has printed his allegations had to make an unconditional public apology for printing such "false and misleading or deceptive (dhokebaj) charges". Finally, that Baghel is a hardened (adat se lachar) maker of false charges and owes his political status to such baseless things. The last element of course includes a bit of rhetoric without any independent significance, but the earlier ones make out that this person is an irresponsible scandal-monger and is besides a moral coward who would not care to utilize an opportunity that affords itself to substantiate what he says, and as such is a man of low moral quality. Anybody who reads would think lowly of him as a person apart from his political activity.

"The great founder and leader of Madhya Pradesh, namely, the late Pt. Ravishankar Shukla brought and pushed up this Khubchand Baghel into the political field. But he for selfish purposes made false and filthy allegations against this very .... etc. etc."

The second aggravation is that this gentleman has "got so much into the habit of making false and filthy charges that he owes his very political existence to it". As a matter of fact, the record shows that the one occasion in which he confronted Ravishankar Shukla he behaved like a man, and after the death of the latter he stopped making them. Thus, applying the very principle which I have discussed under the earlier heading, this is a statement which is false and which no reasonable and fair-minded person would believe to be true and is about the personal character and conduct of Khubchand Baghel.