The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday May 15 1911

THE FIRST QUESTION THAT DESERVES THE ATTEtion of Government arises put of their Lordships' observation regarding the policy of the law that makes it obligatory on the prosecution to obtain the sanction of the Government before putting up for trial any. [...] The judgment therefore at the very outset very properly enquires whether the conspiracy alleged was proved and whether it was of the serious character contemplated by the law ? Was there a conspiracy to wage war against His Majesty the King-Emperor and to deprive the King-Emperor of the sovereignty of British India and to overawe by means of crminal force or show of criminal force the Governme [...] That has never at any rate been the practice in cases under the Act ; and whilst neither sensation nor length of the trial would seem to have been minimised the only effect of the new mode of trial appears to he to largely take away from the accused the opportunities of making an effective defence while the case is yet in the making with the result that in cases tried under the special procedu [...] Where a writ of contempt is issued riot by the Court of its own motion but on the application of a party it is the duty of the party to supply the names of the oppsite party to the Court and if they fail to supply them the rule is liable to be discharged. [...] The appearance of the party subject to this objection does not amount to a waiver on the question of costs ; and having regard to the omission of the party to supply the names the rule must be discharged without costs.