P C SEN Vs. CULCUTTA HIGH COURT

JUDGEMENT

(1.) This appeal is filed with special leave against the order of the High Court of Calcutta declaring that a speech broadcast on the night of November 25, 1965, on the Calcutta Station of the All India Radio by Mr. P. C. Sen, then Chief Minister of West Bengal, was calculated to obstruct the course of justice and on that account amounted to contempt of court and the conduct of Mr. Sen merited disapproval.

(2.) On August, 23, 1965, the State of West Bengal issued, in exercise of power under sub-rr. (2) and (3) of Rule 125 of the Defence of India Rules, the West Bengal Chhana Sweets Control Order 1965, placing restrictions upon the right of persons carrying on business in milk products and especially dealers in sweetmeats made out of Channa. In a petition moved by Nani Gopal Paul the High Court of Calcutta declared by order dated November 16, 1965, that the West Bengal Channa Sweets Control Order. 1965, is an "unreasonable piece of delegated legislation made in arbitrary exercise of power under Rule 125 without any justification in law and regardless of the purpose for which such order may be made", and issued an injunction against the State of West Bengal from enforcing that order.

(3.) The State of West Bengal thereafter issued another order with immediate effect on November 18, 1965, called the "West Bengal Milk Product Control Order, 1965". On November 22, 1965, Messrs. Ramlal Ghosh and Grandsons challenged by Petition No. 369 of 1965, the validity of the Order issued on November 18, 1965, and prayed for a writ declaring the Order "null and void" and for an injunction restraining the State of West Bengal and the Secretary, Department of Animal Husbandry and Veterinary Services from giving effect to the said Order. Rule was issued on the Petition by Banarjee, J., and was duly served on the State of West Bengal, on November 23, 1965. On the night of November 25, 1965, the Chief Minister of West Bengal broadcast a speech on the All India Radio, Calcutta Station, seeking to justify the property of the Control order. In the course of that broadcast speech the Chief Minister made several comments on controversial matters which were pending for adjudication before the Court.