Judgment

SINHA, C.J.I. : This appeal by special leave is directed against the judgment and order of the High Court of Judicature at Calcutta, dated April 11, 1956, whereby the appellant s claim of absolute privilege as a member of the Bengal Legislative Assembly was rejected and the prosecution launched against him under S. 500, Indian Penal Code, was allowed to proceed.

2. The facts of this case are not in doubt or dispute and may shortly be stated as follows. The appellant is a citizen of India and an elected member of the West Bengal Legislative Assembly. He is also a medical practitioner at Chetal in the Midnapore District of West Bengal. In January 1954, the appellant gave notice of his intention to ask certain questions in the Assembly. Those questions were disallowed in accordance with the rules of procedure for the conduct of business of the Assembly. In February 1954, the appellant was informed that the questions proposed by him had been disallowed. The appellant published the questions that had been disallowed in a local journal called "Janamat", in its issue of February 28, 1955. In July 1955, the first respondent whose conduct formed the subject-matter of the question and