M J AKBAR Vs. NURUL ALAM AND STATE

JUDGEMENT

(1.) THIS Rule Nisi was issued on an application of the three petitioners praying for quashing the proceedings of case No,. 57 of 1 983 instituted against them under sections 500 and 501 of the Indian Penal Code on a complaint filed by the opposite party No. 1 and now pending in the court of the learned Chief Judicial Magistrate, Birbhum.

(2.) PETITIONER No. 1 is the editor and petitioner No. 2 is the publisher of the Calcutta based English daily called The Telegraph. Petitioner No. 3 is a journalist by profession and the writer of the article published under the caption There is danger ahead in the issue of The Telegraph dated January 30, 1983. The article contained an analysis of the alleged disintegrating political system in the country and widespread corruption, favouritism and nepotism in all walks of life.

(3.) WHILE discussing the then political situation in the country the writer, inter alia alluded to the brilliant success of Sri N. T. Rama Rao in the Andhra Pradash Election and The formation of a legislature party by him. On the question of eradication of corruption he, however, made the following criticism about Sri Rama Rao :