TFJ KIRAN JATN Vs. N SANJIVA REDDY

JUDGEMENT

(1.) This is an appeal from the order, August 4, 1969, of a Full Bench of the High Court of Delhi, rejecting a plaint filed by the six appellants claiming a decree for Rs. 26,000 as damages for defamatory statements made by Shri Sanjiva Reddy (former Speaker of the Lok Sabha), Shri Y. B. Chavan (Home Minister) and three members of Parliament on the floor of the Lok Sabha during a Calling Attention Motion. The High Court held that no proceedings could be taken in a court of law in respect of what was said on the floor of Parliament in view of Art. 105 (2) of the Constitution. The High Court, however, certified the case as fit for appeal to this Court under Art. 133 (1) (a) of the Constitution and this appeal has been brought.

(2.) Notice of the lodgment of the appeal was issued to the respondents in due course but they have not appeared. The Union Government which joined, at its request, as a party in the High Court alone appeared through the Attorney General. We have not considered it necessary to hear the Union Government.

(3.) The facts of the case, in so far as they are relevant to our present purpose, may be briefly stated. The appellants claim to be the admirers and followers of Jagadguru Shankarachraya of Governdan Peeth, Puri. In March 1969 a World Hindu, Religious Conference was held at Patna. The Shankarachraya took part in it and is reported to have observed that untouchability was in harmony with the tenets of Hinduism and that no law could stand in its way and to have walked out when the National Anthem was played.