A general authorisation by the Governor under S. 198-B (3) (a) of the Code of Criminal Procedure, 1898 is not sufficient to sanction a complaint of defamation against a high dignitary. A specific authorisation for each complaint is required.

Judgment

MUDHOLKAR, J. : This is an appeal by a certificate granted by the High Court of Orissa which dismissed an appeal preferred by the appellants from their convictions under S. 500 ad S. 501, Indian Penal Code, respectively and the sentences of fine imposed upon each of them.

2. The appellant No.1 Gour Chandra Rout, is the editor of an Orya Daily Newspaper called "Matrubhumi" while the other appellant, Ram Chandra Kar, is the printer and publisher of that Newspaper. In the issue of May 31, 1958, the views expressed by Dr. Ram Manohar Lohia concerning the political situation created in Orissa by reason of the resignation of the Congress Ministry and the immediate non-acceptance of resignation by the Governor were published. During the Press Conference addressed by Dr. Lohia he remarked that the Governor Mr. Sukthankar had played as a toy in the hands of the Congress and that a near relation of the Governor had obtained a job carrying a handsome salary, with a British Oil Company in Assam and that, therefore, the Governor was under an obligation to the Congress. The suggestion clearly was that the near relation of the Governor had secured employment with the help of the Congress party. After the aforesaid publication came to the notice of the Governor he had a translation made of it in English and he sent that translation to the Government of Orissa for taking such action as may be necessary. Shortly thereafter the Home Secretary to the Government of Orissa passed an order in the following terms :

"Whereas the Matrubhumi an Oriya Daily published from Cuttack in its daily edition dated the 31st May, 1958 knowing or having reason to believe that such a matter is defamatory of the Governor of Orissa, published a statement alleged to have been made by Dr. Ram Manohar Lohia to the effect that the Governor of Orissa in consideration of his obligations towards the Congress Government in securing a well paid job for a near relation of his in an Oil Company in Assam favoured the Congress Party to be in power in the last political crisis in Orissa.

"Whereas the said statement reflects on the conduct of the Governor of Orissa in the discharge of his public function it constitutes an offence committed by the Editor and publisher of the Matrubhumi punishable under S.501, I.P.C.

Whereas the Secretary to the Home Department has been authorised by the Governor in this behalf under S. 198-B, (3) (a) to accord sanction to a complaint being made by the public prosecutor, Cuttack, against the Editor and publisher of the said Newspaper, Matrubhumi for the aforesaid offence.

Now, therefore, in pursuance of the aforesaid authority I, Shri P.N. Mohanti, Secretary to the Government of Orissa in the Home Department do hereby accord sanction for the aforesaid complaint being made by the Public Prosecutor."

This order purports to be a sanction under S.198-B of the Code of Criminal Procedure for the prosecution of the appellants for offences under S. 500 and S. 501, I.P.C. respectively. In pursuance of this sanction the Public Prosecutor lodged a complaint on the basis of which the appellants were tried by the Sessions Judge, Cuttack. The learned Sessions Judge held both the appellants guilty of the offences with which they were charged and convicted them of those offences and sentenced them to pay certain fines as already stated. Their appeals against their conviction and sentences were dismissed by the High Court.

3. Section 198 of the Code prohibits a court from taking cognizance of certain offences, including those under Ss. 500 and 501, I.P.C. except upon a complaint made by a person aggrieved by such an offence. Therefore, the normal procedure is that where a person complains of being defamed he himself has to make a complaint to the court in order to make it possible for the court to take congnizance of the offence complained of. When the Code was amended by Act 26 of 1955, among other provisions, a new one, S. 198 -B was added to it. The relevant par