Judgment

GAJENDRAGADRAR, C.J.I. (For himself and for Wanchoo, Mudholkar, Sikri and Ramaswami, JJ.) : The petitioner in Writ Petition No. 5 of 1965 - Naresh Shridhar Mirajkar, who is a citizen of India, serves as a Reporter on the Staff of the English Weekly "Blitz", published in Bombay and edited by Mr. R. K. Karanjia. It appears that Mr. Krishnaraj M. D. Thackersey sued Mr. R. K. Karanjia (Suit No. 319 of 1960) on the Original Side of the Bombay High Court, and claimed Rs. 3 lakhs by way of damages for alleged malicious libel published in the Blitz on the 24th September 1960, under the caption "Scandal Bigger Than Mundhra". This suit was tried by Mr. Justice Tarkunde.

2. One of the allegations which had been made in the said article was to the effect that China Cotton Exporters, of which Mr. Thackersey was a partner had obtained licences for import of art silk yarn on condition that the same would be sold to handloom weavers only, and that in order to sell the said silk yarn in the black market with a view to realise higher profits, three bogus handloom factories were created on paper and bills and invoices were made with a view to create the impression that the condition on which