JUDGMENT

Derbyshire, C.J.

1. On 21st March 1935, a speech was made in the Legislative Council of Bengal by Mr. N.K. Basu in which an attack was made upon the Chief Justice and Judges of this Court. On 23rd March this speech was reported in the Amrit Bazar Patrika, a newspaper having a large circulation in Calcutta and other parts of Bengal. In the same issue of the newspaper a leader appeared headed "Calcutta High Court". After reading the said leader which was formally brought to the notice of the Judges of this Court upon an affidavit sworn by Mr. Collet, the Registrar of this Court on its Original Side, I, on 28th March after consultation with the Judges of the Court, directed that a rule should issue upon the Editor (Tushar Kanti Ghose) and the Printer and Publisher (Tarit Kanti Biswas) ordering that the two said persons should show cause before this Court, on 5th April, why they should not be committed or otherwise dealt with according to law for contempt of Court alleged to have been committed by them in having unlawfully published in the said issue of the said newspaper the article mentioned. The printer and publisher was served with the rule on 29th March, but the Editor coul