Law:

Section:

Supreme Court Rules. 1956,O XXVI- Review--supreme Court in appeal finding action of Military Court neither without jurisdiction nor coram non judice nor male fide but all the same dismissing appeal of Government as having become infructuous-Review by respondent sought on ground that finding on question of jurisdiction likely to affect other cases pending before High Court and therefore opportunity be given to counsel to address full argument on point ­Proyer rejected. Q and others in a writ petition before the High Court bad urged that proceedings taken against them by the Military Court were coram non-judice and vitiated by male fides. This contention was upheld by the High Court. In appeal by the Government the Supreme Court held that the "proceedings before the Military Court were neither without ill jurisdiction nor coram non judice nor vitiated by male fide either in fact or in law". The Supreme Court, however, did not allow the appeals filed by the Government but dismissed them as having become infructuous on the ground that the Advocate-General had made a statement that the Government no longer sought any relief against the respondent and had no intention even to collect fines imposed on Q by Military Court. Q filed a review petition before the Supreme Court and urged that while dismissing the appeals of the Govern­ment holding that proceedings were neither coram non judice nor vitiated by malice, no proper hearing was given to his counsel Inasmuch as the counsel thought that the Government was not pressing the appeal. Finding on the question of malice and jurisdiction was therefore sought to be reviewed after hearing full arguments of the counsel else it was urged that the finding was likely to affect other proceedings pending in the High Court. Held: No opinion had been expressed in the sought to be reviewed in respect of the action taken by the Government concerned against the said publications edited or published by the petitioners. The finding recorded was only with regard to the proceedings before the Military Court for the offences for which they were tried and convicted, namely, the publication of certain allegedly offensive materials in the said…

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