BHARADWAJ MRINAL CHOUDHURY Vs. SANJIB SOBHAPANDIT

JUDGEMENT

(1.) AN article titled "bharat Borkhat Nyai" i. e. "justice in India" was published in the issue dated 9. 3. 2008 of Sambhar, a Sunday magazine circulated along with a widely read Assamese Daily

(2.) THE entire translation of the article made by the petitioner and enclosed to the writ petition will be necessary to be extracted below for a proper appreciation of the issues involved in the present proceeding:

(3.) A reading of the article in question indicates that it is a narration of the experiences of a friend of the author who got involved in Court proceeding. According to the author of the article, the concerned person was made to part with a large amount of money by the lawyer he had engaged and the proceedings of the case continued for long without any good reason. The order that was eventually passed by the Court, after a long delay i. e. a direction to give a suitable posting to the friend of the author and for release of his salary, ought not to have taken the time that the proceedings finally consumed. Furthermore, according to the author, even after the order of the Court was passed, the same was not implemented which led to another proceeding, perhaps, for contempt on account of non-implementation of the said order of the Court.