The privilege of free speech in the Legislature under Article 194 of the Constitution extends only to what is said within the walls of the Legislature and to official publications of the proceedings of the Legislature.

( 1 ) THIS is a petition to quash certain proceedings under Section 500, Penal Code pending against the applicant in the Court of a Magistrate at Midnapore.

( 2 ) THE petitioner is a Member of the West Bengal Legislative Assembly from Ghatal who has been complained against by the opposite party Harisadhan Mukherjee, Sub-Divisional Magistrate, Ghatal. Opposite Parties Bhupati Charan Majhi and Raghunath Dalai are respectively the Editor and the Printer and Publisher of a vernacular fortnightly "janamat" published at Ghatal.

( 3 ) IT appears that in January 1954 the petitioner gave notice of his intention to ask certain questions in the West Bengal Legislative Assembly; the questions were however disallowed in accordance with the rules of procedure for the conduct of business of that Assembly. The disallowance was intimated to the petitioner on 16-2-1954. After a whole year the petitioner published the questions in "janamat" in its issue of 28-2-1955.

( 4 ) ON 29-7-1955 the opposite party Harisadhan Mukherjee preferred a complaint charging the petitioner under Section 500, Penal Code and the opposite parties the Editor and the Printer and Publisher of "janamat" under Section 501 of the Code. The learned Magistrate who dealt with the matter examined the complainant on oath and directed the issue of process against the petitioner and opposite parties Bhupati Charan Majhi and Raghunath Dalai.

( 5 ) OF the several questions disallowed and published in the paper two have been taken exception to, which constitute the basis of the charge of defamation brought in the case. The questions are to the following effect : (a) Is it a fact that, the Jeep belonging to the Sub-Divisional Magistrate of Ghatal is kept without payment of rent in the motor bus garage of Sudhir Chandra Pal, Muktear and a reputed businessman and Chairman of Ghatal Municipality? (b) Is it a fact that repairs to the Jeep belonging to the Sub-Divisional Magistrate are done free of charge, and petrol, mobil oil and other accessories for running the Jeep are supplied free of cost from the Motor Bus Company of Sudhir Chandra Pal and others.

( 6 ) THE questions were prefaced by a note that they were intended for the enlightenment of the petitioner's constituency, but that they had been disallowed by the Speaker and consequently they could not be raised in the Legislative Assembly.

( 7 ) THE complainant alleged that the petitioner had made and published these scandalous questions which were obviously intended to be read by members of the public; that the imputations were false and malicious and wantonly made and published with a view to harming the reputation of the complainant and they were calculated to lower him in the estimation of the public; the opposite parties Bhupati Charan Majhi and Raghunath Dalai, the Editor and the Printer and Publisher respectively printed the imputations knowing or having good reason to believe that they were highly defamatory of the complainant.

( 8 ) THE complainant's case was eventually transferred for disposal to Sri B. B. Majumdar, Magistrate, 1st Class, Midnapore before whom a preliminary objection was raised as respects the maintainability of the proceedings against the petitioner. It was contended, inter alia, that the petitioner being a member of the West Bengal Legislative Assembly was entitled to certain immunities and privileges under Article 194 of the Constitution of India which constituted a bar to the prosecution of the petitioner. The learned Magistrate overruled the contention by an order dated 11-10-1953.

( 9 ) THE petitioner thereafter applied to this Court for transfer of the proceedings against him under the provisions of Article 228 of the Constitution. That application was, however, refused on 9-12-1955 by a Bench presided over by the Hon'ble the Chief Justice presumably in the view that the proceedings out of which it arose did not involve any substantial questions of law as to the interp