NARESH SHRIDHAR MIRAJKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner in Writ Petition No. 5 of 1965 - Naresh Shridhar Mirajkar, who is a citizen of India, serves as a Reporter on the Staff of the English Weekly "blitz", published in Bombay and edited by Mr. R. K. Karanjia. It appears that Mr. Krishnaraj M. D. Thackersey sued 'mr. R. K. Karanjia (Suit No. 319 of 1960) on the Original Side of the Bombay High Court, and claimed Rs. 3 lakhs by way of damages for alleged malicious libel published in the Blitz on the 24/09/1960, under the caption "scandal Bigger Than Mundhra". This suit was tried by Mr. Justice Tarkunde.

(2.) One of the allegations which had been made in the said article was to the effect that China Cotton Exporters, of which Mr. Thackersey was a partner had obtained licences for import of art silk yarn on condition that the same would be sold to handloom weavers only, and that in order to sell the said silk yarn in the black market with a view to realise higher profits, three bogus handloom factories were created on paper and bills and invoices were made with a view to create the impression that the condition on which the licences had been granted to China Cotton Exporters had been complied with. Mr. Thackersey's concern had thus sold the said yarn in the black market and thereby concealed from taxation the large profits made in that behalf. These allegations purported to be based on the papers filed in Suits Nos. 997 and 998 of 1951 which had been instituted by China Cotton Exporters against National Handloom Weaving Works, Rayon Handloom Industries, and one Bhaichand G. Goda. The said Bhaichand G. Goda was alleged to have been the guarantor in respect of the transactions mentioned in the said suits.

(3.) The said Bhaichand Goda had, in the course of insolvency proceedings which had been taken out in execution of the decrees passed against him, made an affidavit which seemed to support the main points of the allegations made by the Blitz in its article "scandal Bigger Than Mundhra. "