On August 23, 1965, the State of West Bengal issued, in exercise of power under Sub rules 2 and 3 ofRule125 of the Defence of India Rules, the West Bengal Channa Sweets Control Order, 1965, placing restrictions upon the right of persons carrying on business in milk products and especially dealers in sweetmeat made out of Channa.
369 of 1965 their cause, and upon persons having a similar cause and as such was likely to interfere with the administration of justice by the Court.
On the night of November 25, 1965, the Chief Minister of West Bengal broadcast a speech on the All India Radio, Calcutta Station, seeking to justify the propriety of the Control Order.
Rule was issued on the Petition by Banerjee, J., and was duly served on the State of West Bengal, on November 23, 1965.
Instead of making a frank statement before the Court, the Chief Minister was apparently advised to adopt grossly technical pleas.
In the companyrse of that broadcast speech the Chief Minister made several companyments on companytroversial matters which were pending for adjudication before the Court.
Counsel informed the Court that the Chief Minister did number like to use any affidavit showing cause.
It was also admitted that the Chief Minister had knowledge of the filing of the petition when he broadcast the speech and of the rule served upon the State Government.
Evidence was then led before the Court to prove that the offending speech was in fact broadcast by the Chief Minister on the All India Radio, Calcutta Station.
After evidence was recorded in the Court about the speech broadcast by the Chief Minister he somewhat belatedly filed an affidavit on March 4, 1966, admitting that he had delivered the speech on the AH India Radio on the night of November 25, 1965, the companytents of which were proved by the evidence of the Programme Director.
Rule was issued by Banerjee, J., requiring the Chief Minister to show cause why he should number be companymitted for companytempt of companyrt on the grounds 1 that the speech was likely to prejudice the Court and the public against the cause of the petitioners, and may companypel or induce them to discontinue the action, 2 that it was likely to have the pernicious companysequence of prejudicing the minds of the public against the petitioners, 3 and that it was likely to have the effect of misrepresenting a piece of illegal legislation before the Court had an opportunity to decide the matter, and was on that account calculated to deter other persons having similar causes from approaching the Court for relief.
On November 22, 1965, Messrs. Ramlal Ghosh and Grandsons challenged by Petition No.
Shah, J. This appeal is filed with special leave against the order of the High Court of Calcutta declaring that a speech broadcast on the night of November 25, 1965, on the Calcutta Station of the All India Radio by Mr. P. C. Sen, then Chief Minister of West Bengal, was calculated to obstruct the companyrse of justice and on that account amounted to companytempt of companyrt and the companyduct of Mr. Sen merited disapproval.
At the hearing of the rule on November 29, 1965, companynsel for Ramlal Ghosh and Grandsons brought to the numberice of the Court a newspaper report of the speech broadcast by the Chief Minister.
369 of 1965 the validity of the Order issued on November 18, 1965, and prayed for a writ declaring the Order null and void and for an injunction restraining the State of West Bengal and the Secretary, Department of Animal Husbandry and Veterinary Services from giving effect to the said Order.
In a petition moved by Nani Gopal Paul the High Court of Calcutta declared by order dated November 16, 1965, that the West Bengal Channa Sweets Control Order, 1965, is an unreasonable piece of delegated legislation made in arbitrary exercise of power under Rule 125 without any justification in law and regardless of the purpose for which such order may be made, and issued an injunction against the State of West Bengal from enforcing that order.
The State of West Bengal thereafter issued another order with immediate effect on November 18, 1965, called the West Bengal Milk Product Control Order, 1965.
