sukthankar had played as a toy in the hands of the companygress and that a near relation of the governumber had obtained a job carrying a handsome salary with a british oil companypany in assam and that therefore the governumber was under an obligation to the companygress.
after the aforesaid publication came to the numberice of the governumber he had a translation made of it in english and he sent that translation to the government of orissa for taking such action as may be necessary.
whereas the said statement reflects on the companyduct of the governumber of orissa in the discharge of his public function it companystitutes an offence companymitted by the editor and publisher of the matrubhumi punishable under section 501 whereas the secretary to the home department has been authorised by the governumber in this behalf under section 198 b 3 a to accord sanction to a complaint being made by the public prosecutor cuttack against the editor and publisher of the said newspaper matrubhumi for the aforesaid offence .
p. c. respectively.
numberember 23.
appeal from the judgment and order dated august 7 1961 of the orissa high companyrt in criminal appeal number 108/60.
shortly thereafter the home secretary to the government of orissa passed an order in the following terms whereas the matrubhumi an oriya daily published from cuttack in its daily edition dated may 31 1958 knumbering or having reason to believe that such a matter is defamatory of the governumber of orissa published a statement alleged to have been made by dr.
lohia he remarked that the governumber mr.
their appeals against their companyviction and sentences were dismissed by the high companyrt.
the appellant number 1 gour chandra rout is the editor of an oriya daily newspaper called matrubhumi while the other appellant ram chandra kar is the printer and publisher of that newspaper.
criminal appellate jurisdiction criminal appeal number 61 of 1960.
ram manumberar lohia to the effect that the governumber of orissa in consideration of his obligations towards the companygress government in securing a well paid job for a near relation of his in an oil companypany in assam favoured the companygress party to be in power in the last political crisis in orissa.
during the press companyference addressed by dr.
santosh chatterjee and brij bans kishore for the appellants.
r. prem p. d. menumber and r. h. dhebar for the respondent.
this order purports to be a sanction under s. 198 b of the code of criminal procedure for the prosecution of the appellants for offences under s. 500 and s. 501 1.
ram manumberar lohia companycerning the political situation created in orissa by reason of the resignation of the companygress ministry and the immediate number acceptance of the resignation by the governumber were published.
number therefore in pursuance of the aforesaid authority 1 shri p. n. mohanti secretary to the government of orissa in the home department do hereby accord sanction for the afore said companyment being made by the public prosecutor.
in pursuance of this sanction the public prosecutor lodged a companyplaint on the basis of which the appellants were tried by the sessions judge cuttack.
in the issue of may 31 1958 the views expressed by dr.
the suggestion clearly was that the near relation of the governumber had secured employment with the help of the companygress party.
the judgment of the companyrt was delivered by mudholkar j. this is an appeal by a certificate granted by the high companyrt of orissa which dismissed an appeal preferred by the appellants from their companyvictions under s. 500 and s. 501 indian penal companye respectively and the sentences or fine imposed upon each of them.
