JUDGEMENT
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(1.) THIS Rule Nisi was issued on an application of the three petitioners praying for quashing the proceedings of case No,. 57 of 1 983 instituted against them under sections 500 and 501 of the Indian Penal Code on a complaint filed by the opposite party No. 1 and now pending in the court of the learned Chief Judicial Magistrate, Birbhum.
(2.) PETITIONER No. 1 is the editor and petitioner No. 2 is the publisher of the Calcutta based English daily called The Telegraph. Petitioner No. 3 is a journalist by profession and the writer of the article published under the caption There is danger ahead in the issue of The Telegraph dated January 30, 1983. The article contained an analysis of the alleged disintegrating political system in the country and widespread corruption, favouritism and nepotism in all walks of life.
(3.) WHILE discussing the then political situation in the country the writer, inter alia alluded to the brilliant success of Sri N. T. Rama Rao in the Andhra Pradash Election and The formation of a legislature party by him. On the question of eradication of corruption he, however, made the following criticism about Sri Rama Rao :
"he carried the day by playing emotions. These are dangerous trends. Mr. Rama Rao is not the answer to the present situation. Take for instance the question of eliminating corruption, in an interview with Sunday when asked whether he had been honest in his film career, Mr. Rama Rao replied I am not talking about my professional career, I am talking about my political Carres, dedicated to the country. Before I dedicated myself to the country, I was dedicated to myself. This -is nothing short of hypocrisy especially in the context of the fact that almost every film actor in this country has black money. Moreover, Mr. Rama Rao's legislature party is full of old congressmen, rice millers, district lawyers etc. Incidentally district lawyers are invariably most corrupt persons. Even if Mr. Rama Rao undergoes a metamorphosis, his brigade will not let him eliminate corruption" .;
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