H. R. Khanna, C. J. (Oral)

( 1 ) A discussion took place in the Lok Sabha on April 2, 1969 about certain remarks alleged to have been made by Jagadguru Shankaracharya of Puri regarding untouchability. Shri Tej Kiran Jain and five other plaintiffs have filed the present suit for recovery of Rs. 26,000. 00 as damages against Shri N. Sanjiva Reddy, Speaker of the Lok Sabha, defendant No. 1, Shri Narendra Kumar Salve, defendant No. 2, Shri B. Shankaranand, defendant No. 3, Shri S. M. Banerrjee, defendant No. 4 and Shri Y. B. Chavan, defendant No. 5, Members of Lok Sabha on the allegation that the plaintiffs are the admirers and followers of Jagadguru Shankaracharya of Puri. It is alleged that during the course of the above discussion certain remarks were made by the defendants which were defamatory and calculated to lower in public estimation Jagadguru Shankaracharya. The plaintiffs, accordingly, claimed a decree for recovery of Rs. 26,000. 00 as damages from the defendants.

( 2 ) DURING the pendency of the suit, an application under Order 7 Rule 11 and Order 27-A of the Code of Civil Procedure read with Article 105 of the Constitution was filed on behalf of the Union of India praying t

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