CHANDANMAL CHOPRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) I have heard and disposed of this application on the 13th of May 1985 when 1 indicated that I shall give my reasons later. Facts :

(2.) This is an application under Art. 226 of the Constitution of India praying for a Writ of Mandamus directing the State of West Bengal to declare each copy of the Koran, whether in the original Arabic or in its translation in any of the language, as forfeited to the Government.

(3.) This application was first moved before Khastgir, J. The learned Judge entertained the application, gave directions for notice and for affidavits. Thereafter for some reason or other the learned Judge chose not to proceed in this matter any further and released this matter from her list. Such reason cannot be found out from the records of this case though the learned Judge had chosen to lake an unprecedented step by giving an interview to the Press regarding the same of which I cannot and do not take any notice. The Chief Justice thereafter assigned this matter to me. As the learned Judge after giving directions has chosen not to hear this matter any further and as this matter has been assigned to me, I have recalled all the earlier orders and/or directions passed and heard the matter afresh as Court Application on the question of issue of the Rule nisi, if any. Accordingly the petitioner No.1 who is appearing in person made submissions and prayed for issue of a Rule.