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 Short Notes of Important Decisions of other High Courts in India Monday August 22 1938

In other words our reading of the judgment is that quite apart from the fact that the Ministry is not the executive Government involving the position that an attack even if it excited revulsion of feeling against the Ministry would not be seditious the article here falls short of the requisite degree of offensiveness in tone and temper. [...] So indeed are thoughts of men widened with the processes of the suns ! Reverting to the ratio of the judgment we must confess that apart from the quetion whether the Ministry constitutes the executive Government we find some diffculty in appreciating the construction put upon the article by their Lordships. [...] In the light of that reason it seems to us that an article which says that a certain piece of legislation is an act of the most decided tyranny and barbarity and through it the Ministry has launched an attack upon the traditions and the culture of the country is not merely an attack on the bill but ascribing as it does a deliberate object to the Ministry and a discreditable motive it is an a [...] The difficulty to which we referred at the beginning of this article is caused first by the finding that the article was merely an attack on the Bill and the policy of the Ministry without considering the effect of the passage in which a motive was ascribed and secondly by some obscurity about the exact meaning of the expression apart from the question whether it is seditious within the narr [...] We think the ratio of the judgment when elaborated will take the form we have given to it and the apparent abruptness of the two findings is caused by the extreme compression of the argument.