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january 1961

Supreme Court of India · 1961-01-16

DR. JATISH CHANDRA GHOSH vs HARI SADHAN MUKHERJEE AND OTHERS.

Citation / case number
SC 1958/142
Court
Supreme Court of India
Petitioner
DR. JATISH CHANDRA GHOSH
Respondent
HARI SADHAN MUKHERJEE AND OTHERS.
Bench
SINHA, BHUVNESHWAR P.(CJ),DAS, S.K.,SARKAR, A.K.,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court ruled that the appellant, a member of the West Bengal Legislative Assembly, could not claim immunity under Article 194 of the Constitution for publishing questions disallowed by the Speaker. The Court held that the publication did not fall within the privileges granted to members of the Assembly, as it was not authorized by the Assembly and did not constitute a parliamentary proceeding. Consequently, the appellant was liable for defamation under Sections 499 and 500 of the Indian Penal Code, leading to the dismissal of his appeal.

DR. JATISH CHANDRA GHOSH vs HARI SADHAN MUKHERJEE AND OTHERS. · Niyam