Abdul Cader V. Kaufmann And L.D. Parsons

1928 Present: Schneider J.

In the Matter of an Application for a Writ of Prohibition.

ABDUL CADER v. H. P. KAUFMANN AND
L. D. PARSONS.

Writ of prohibition-Charge of defamation against member of Council-Words uttered in Council-Privilege.

A member of the Legislative Council of Ceylon is not entitled to absolute immunity from civil and criminal proceedings in respect of statements made by him in Council.

APPLICATION for a writ of prohibition made by the petitioner who is a member of the Legislative Council, against the 1st respondent, who is the Police Magistrate of Colombo, forbidding him from continuing proceedings in case No. 37,928 of the said Court, in which the 2nd respondent, who is a Government Medical Officer and Superintendent of the Lunatic Asylum, preferred a charge of defamation against the petitioner. The charge was based upon statements made by the petitioner in the Legislative Council as member and was preferred before the 1st respondent, who entertained it and directed process to issue calling upon the petitioner to answer the charge. The petitioner applied to the Supreme Court for an order prohibitin

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