The Calcutta Weekly Notes. Monday December 19 1938

After the three separate judgments in the Sylhet withdrawal of prosecution case no remarks by way of comment on the conduct of the former Assam Ministry are needed but the widest publicity should be given to the observations of the Hon'ble the Chief Justice so that this kind of thing if it is again attempted by any Government may not be permitted by the Court concerned. [...] In the end the Public Prosecutor applied for leave to withdraw from the prosecution and the reasons given were that the original complainant had withdrawn that the evdence was insufficient to warrant the cotinuation of the proceedings and that the Government thought it would not be justfied in incurring the heavy expenses which the prosecution of the case would entail. [...] The matter was then brought up to the High Court In delivering his judgment the learned Chief Justice observed that there was no substance in the grounds which had been put forward before the Magistrate by the Government for the withdrawal of the case. [...] Then came the summing up in the following significant passage: The suspicion arises very strongly that here was an unusual and as far as I can see an unwarrantable interference with the course of justice and the suspicion is that the interference was made because some of the accused were related to one of the Ministers " And as to the course adopted by the Goernment in calling for the record [...] The delay in making the appoinment in such a case does not alter the consttution of the High Court nor does the promtitude in appointing a Judge to perform the duties of the Chief Justice fill up the vacancy which can only be done by the King.