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PETITIONER: PANDIT M. S. M. SHARMA
Vs.
RESPONDENT: DR. SHREE KRISHNA SINHA AND OTHERS.
DATE OF JUDGMENT: 01/08/1960
BENCH: SINHA, BHUVNESHWAR P.(CJ) BENCH: SINHA, BHUVNESHWAR P.(CJ) IMAM, SYED JAFFER GAJENDRAGADKAR, P.B. SARKAR, A.K. SUBBARAO, K. WANCHOO, K.N. GUPTA, K.C. DAS SHAH, J.C.
CITATION: 1960 AIR 1186 CITATOR INFO : R 1961 SC1457 (12) R 1964 SC1013 (16) R 1965 SC1553 (5,52) RF 1975 SC2299 (510)
ACT: State Legislature--Breach of Privilege--Decision of Court, if res-judicata between Parties--Constitution of India, Arts. 194(3) 19(1)(a).
HEADNOTE: The petitioner, the Editor of the Searchlight, an English daily newspaper published from Patna, was called upon to show cause before the Committee of Privileges of the Bihar Legislative Assembly why he should not be proceeded against for the breach of privilege of the Speaker and the Assembly for publishing an inaccurate account of the proceedings of the Legislative Assembly. He moved this Court under Art. 32 of the Constitution for quashing the said proceeding and the question for decision in substance was whether the said privilege conferred by Art. 194(3) of the Constitution was subject to the fundamental 97 rights of a citizen under Art. 19(1)(a) of the Constitution. This Court by a majority found against the petitioner. Thereafter the Assembly was prorogued several times...