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

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

There is no absolute privilege under Article 194 of the Constitution of India that permits a member of a Legislative Assembly to publish disallowed questions outside the House and claim immunity from prosecution for defamation. Such privilege does not extend to publications not authorized by the House and is limited to speeches and proceedings within the House; criminal prosecution is not barred in such cases.

Parties
Appellant: Dr. Jatish Chandra Ghosh; Respondent: Hari Sadhan Mukherjee; Respondent: Editor of Janamat; Respondent: Printer and Publisher of Janamat
Jurisdiction
India
Judgment Date
16 January 1961
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Calcutta High Court Judgment and Order Dated April 11, 1956 in Criminal Revision No. 1584 of 1955
Outcome
Appeal dismissed
Legal Topics
Legislative Privileges, Defamation, Immunity of Legislators
Constitutional Law Criminal Law Legislative Privileges Defamation Immunity of Legislators

Case Brief

Summary, issues, holding and outcome

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Parties

Dr. Jatish Chandra Ghosh

Appellant

Hari Sadhan Mukherjee

Respondent

Editor of Janamat

Respondent

Printer and Publisher of Janamat

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Calcutta High Court Judgment and Order Dated April 11, 1956 in Criminal Revision No. 1584 of 1955

Legal Issues

  1. 1 Whether an elected member of a State Legislative Assembly has absolute privilege under Article 194 of the Constitution of India to publish disallowed questions and be immune from prosecution for defamation
  2. 2 Whether the publication of questions disallowed by the Speaker, outside the House, is protected by legislative privilege

Ratio Decidendi

There is no absolute privilege under Article 194 of the Constitution of India that permits a member of a Legislative Assembly to publish disallowed questions outside the House and claim immunity from prosecution for defamation. Such privilege does not extend to publications not authorized by the House and is limited to speeches and proceedings within the House; criminal prosecution is not barred in such cases.

Court Disposition

Appeal dismissed

Orders

  • The prosecution against the appellant will proceed without avoidable delay.
  • No opinion is expressed on the merits of the controversy which will be considered in the trial.