EMPEROR Vs. HEMENDRA PROSAD GHOSH

JUDGEMENT

(1.) The two articles out of which these two references arise are alleged to be attacks upon the Council of Ministers in Bengal and it is complained that they are seditious and in breach of Section 124-A, I.P.C., which provides: Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards His Majesty or the Government established by law in British India, shall be punished with transportation for life or any shorter term, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.

(2.) Section 17, I.P.C., provides: The word Government denotes the person or persons authorized by law to administer executive government in any part of British India,

(3.) The questions asked are: Under case No. 2 of 1939,(a) whether the Hon ble Minis, ters of Bengal are subordinate officers to H.E. the Governor within the meaning of Section 49, Government of India Act, 1935? (b) whether the Council of Ministers should be considered as "Government established by law."