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 could not be served, because of his absence from Calcutta, until the 1st April. In the meantime, in its issue of 30th March the Amrita Bazar Patrika published the salient parts of the rule (except the leader) in the paper. On 1st April, Mr. Collet applied to a Bench of this Court consisting of Costello, J., and myself for leave to serve notice of motion of less than four days. Such leave was granted, although in my view it was not necessary, lest any question should arise as regards the length of service later. The Editor was served on 1st April. On the following day an application was made by Mr. Biswas on behalf of the Editor that the returnable date for the Rule be made 8th April, but this was refused by the Bench consisting of Costello, J., and myself. At the hearing of the said application by Mr. Biswas I mentioned that the Amrita Bazar Patrika had published the rule as aforesaid in its issue of 30th March and this was not denied by Mr. Biswas. Mr. Biswas stated that he did not intend to raise any question as to validity of service. On the same day, 2nd April, permission was asked on behalf of the Editor that Sir Tej Bahadur Sapru, an advocate practising in the Allahabad High Court, should be granted permission to appear for the Editor. Such permission was granted by me.

2. The affidavit of Mr. Collet, the Rule and the copy of the Amrita Bazar Patrika of Saturday, 23rd March, are before the Court, as also are affidavits of the Editor and the Printer and Publisher which were filed and delivered to the Court on 4th April. No objection has been taken to the length of notice; and from the affidavits filed by the respondents it is clear that they have had ample time in which to prepare their reply. The matter came on for hearing before a Full Bench of this Court consisting of myself, Mukerji, J., Costello, J., Lort-Williams, J., and Jack, J., on 5th April, when the Editor was represented by Sir Tej Bahadur Sapru and Mr. C.C. Biswas, whilst the Printer and Publisher was represented by Mr. S.N. Banerjee and Mr. S.C. Mitter.

3. The first part of the leading article referred to, reads as follows:

We are glad to find that in the Bengal Legislative Council yesterday there was a discussion about administration of the Calcutta High Court. Every word of Mr. N.K. Basu was true. It is so unfortunate and regrettable that at the present day the Chief Justice and the Judges find a peculiar delight in hobnobbing with the Executive, with the result that the judiciary is robbed of its independence which at one time attracted the admiration of the whole country. The old order of things has vanished away. We wish the Chief Justice and the Judges appreciate the sentiments of the public. The generation that has gone by should be an ideal to them.

4. The rest of the article is c