SURESH CHANDRA BANERJI Vs. PUNIT GOALA

JUDGEMENT

(1.) This is a rule calling upon the Chief Presidency Magistrate to show cause why the records of a certain case should not be transferred to this Court under the provisions of Article 228 of the Constitution to enable this Court to decide the constitutional point involved in the case. We have heard the parties at length and we have come to the conclusion that this is not a case in which we should call for the records because it is clear that the view taken by the Chief Presidency Magistrate that the proceedings should continue is well founded.

(2.) The petitioners, who are the parties accused in the proceedings, have been described by the complainant as members of the editorial board of a newspaper published in Bengali in the city of Calcutta known as "Loka Sevak". Accused No. 1 Dr. Suresh Chandra Banerji, M. L. A. is said to be a member of the editorial board of the newspaper, whereas accused Nos. 2, 3 and 4 are respectively chairman of the board of editors, editor and publisher of the said newspaper. They are said also to be members of a recently formed political party in this State known as the Kriahak Praja Mardoor Party and the suggestion of the complainant is that the Loka Sevak is an organ of this party.'

(3.) The proceedings arose out of a report in this Bengali newspaper of a speech made by Dr. Sartsh Chandra Banerji in the Legislative Assembly of the State of West Bengal. That speech is said to have been made on 13/8/1951 and the complainant in his complaint alleged that that speech contained matter defamatory of him. On 14th March the Loka Sevak published a report of the proceedings in the Legislative Assembly including a report of the speech of Dr. Suresh Chandra Banerji.