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1960 Supreme(Ker) 177

MOHAMMED AHMED ANSARI, M.MADHAVAN NAIR
Kayiath Damodaran – Appellant
Versus
Induchoodan – Respondent


Judgment :-

1. The application is to punish for contempt the Editor as well as the Printer and Publisher of the newspaper called "Desabhimani", that is published from Kozhikode. The aforesaid newspaper had published on December 1 and 2,1959, what purports to be information from its special correspondent, and its translation in English reads thus:

"It is learnt that Sri Chacko, the District Magistrate of Tellicherry, has been transferred to Kozhikode as the Principal Sub-Judge. It is further learnt that the black hands of certain leaders of the Deliverance movement were behind the transfer. Shri Chacko had issued a warrant to search the house of a prominent Congress leader of Cannanore and it is stated that the said leader had bestowed a blessing on Sri Chacko that he would not be able to issue similar orders any longer. It is this blessing that has come out in the shape of a transfer."

2. The petitioner complains that the publication amounts to contempt of Court, because it defames him in connection with proceedings pending before a Magistrate; and the facts to support the complaint are given in his affidavit, which can be shortly stated. The petitioner is the defendant in Original














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