JUDGMENT Derbyshire, C.J. - The Rule in Criminal Miscellaneous Case No. 251 of 1943 and the connected Rules in Criminal Miscellaneous Cases Nos. 285, 286, 287 and 288 of 1943 were issued at the instance of the accused upon the District Magistrate of Bakarganj to show cause why the case pending against the Petitioners should not be transferred from the Court of Mr. S. K. Roy, a Magistrate of the First Class at Barisal, to some other Court. It appears that the Petitioner in Criminal Miscellaneous Case No. 251 of 1943, Khan Sahib Hatemali Jamadar, is the Chairman of the Matberia Debt Settlement Board within the Pirojpur Sub-Division of the Bakarganj District. A report being made that there had been misappropriation in connection with court-fees in the Debt Settlement Board at Matberia, an investigation was ordered and ultimately a charge-sheet was submitted against Khan Sahib Hatemali Jamadar and the other Petitioners. After the charge-sheet was submitted, the Circle Inspector reported that as the accused persons are influential persons and included a local member of the Legislative Assembly and recommended that the case be transferred from Pirojpur Sub-Division to the District head-quarters at Barisal. The District Magistrate, without hearing any of the accused persons, passed an order transferring the case from Pirojpur to the file of Mr. S. K. Roy, a Magistrate of the First Class at Barisal. Mr. S. K. Roy is a Munsif-Magistrate, taking criminal cases at Barisal and it was for this reason that Mr. Palmer, the District Magistrate, selected him to try the case. After the charge-sheet was received, the Magistrate decided to split the cases up into three different cases, and July 9th was fixed as the first date of hearing. On that date an application for an adjournment was filed on behalf of Khan Sahib Hatemali Jamadar on the ground that this accused had fallen ill in Calcutta where he had gone to attend the Legislative Assembly. The Magistrate adjourned the case until the following day but observed that he had to be satisfied with regard to the fact of illness and warned the accused that serious notice would be taken of his absence if the plea of sudden illness put forward as a ground of adjournment were not substantiated by a proper medical certificate. The Magistrate adjourned the case until the following day but observed that he had to be satisfied with regard to the fact of illness and warned the accused that serious notice would be taken of his absence if the plea of sudden illness put forward as a ground of adjournment were not substantiated by a proper medical certificate. On the following day, apparently in consequence of a statement made to the Magistrate, the Magistrate directed that a letter be written to the Secretary, Bengal Legislative Assembly, to ascertain whether Khan Sahib Hatemali Jamadar had attended the sittings of the Assembly on July, 8th, 9th and 10th. 2. On August 5th, 1943, to which date the hearing of the case was adjourned, Khan Sahib Hatemali Jamadar appeared before the Magistrate and produced a medical certificate. At the same time a letter from the Secretary to the Legislative Assembly was read in which it was stated that this accused attended the sittings of the Assembly on July 8th and 9th. In view of this statement the Magistrate directed Khan Sahib Hatemali Jamadar to explain how he could attend the Assembly sittings in view of the medical certificate. On August 6th, the accused filed a petition explaining the circumstances. The explanation was accepted but the Magistrate observed that "a serious view will be taken if in future the case has to be adjourned owing to the absence of the accused away at other places." Thereafter the trial proceeded. 3. Khan Sahib Hatemali Jamadar moved this Court on September 20th, 1943, for a Rule on the ground that the District Magistrate had no justification for transferring the case to the Barisal head-quarters and further that Mr. S. K. Roy had shown prejudice in refusing to accept the medical certificate of the Petitioner, when application was made for an adjournment. The other Rules were obtained on November 8th, 1943. 4. In reply to the Rule the District Magistrate submitted an explanation. He observed (inter alia) as follows: As the principal accused was a prominent public man, well known to the Executive Officers in Pirojpur, I felt that the case should be transferred to Barisal and I selected Mr. S. K. Roy to try the case as he is a Munsif (that is to say a member of the Judicial Service and not the Executive) who is temporarily doing magisterial work. S. K. Roy to try the case as he is a Munsif (that is to say a member of the Judicial Service and not the Executive) who is temporarily doing magisterial work. I felt that he would be entirely free from any suspicion of Executive influence, whether on behalf of the police or on behalf of the accused. Since the commencement of this case I have received numerous letters from the Co-operative Credit and Rural Indebtedness Department of the Government of Bengal, suggesting that the case should either be withdrawn or postponed. I have refused to comply with any of these requests. The letters and telegrams are in my possession and can be produced for the inspection of the High Court if desired. From these letters and telegrams I have formed the impression that the accused is making use of his influence as an M. L. A. to attempt to have the prosecution stifled. 5. In view of this statement a letter was written to the District Magistrate, directing him to forward to this Court all the letters and telegrams which he had received from the Co-operative Credit and Rural Indebtedness Department of the Government of Bengal, suggesting that the case should either be withdrawn or postponed. 6. Accordingly, a bundle of letters and telegrams were forwarded to this Court. On receipt of these letters and telegrams, we requested the Standing Counsel to appear on behalf of the Government and gave him and the Advocate for the Petitioner copies of the correspondence. 7. Since the receipt of these letters Mr. Palmer has been transferred from Bakarganj to another District. 8. The letters are set out below: INDIAN POST AND TELEGRAPHS DEPARTMENT. .. Rajshahi 14 (State) Barisal 16 May 43 To Collector, Bakarganj, Barisal. Is Chairman Matbberia Debt Settlement Board being prosecuted. Please report facts and stay proceedings if within your powers pending further instructions on sanction of prosecution from Government. Copben Rajshahi Office of Collector of Bakarganj. No. 1352 C/75-43 From W. J. Palmer, Esq., I.C.S., Collector of Bakarganj. To The (Secretary to the Government of Bengal Co-operative Credit and Rural Indebtedness Department, Rajshahi. Barisal, the 17th May, 1943. Sir, I have the honour to refer to your telegram bearing no number, but dated the 14th, with reference to the Chairman of the Matberia Debt Settlement Board (received here yesterday evening). To The (Secretary to the Government of Bengal Co-operative Credit and Rural Indebtedness Department, Rajshahi. Barisal, the 17th May, 1943. Sir, I have the honour to refer to your telegram bearing no number, but dated the 14th, with reference to the Chairman of the Matberia Debt Settlement Board (received here yesterday evening). As the case is now sub-judice, I think it would be improper to interfere in any way. Statement of the facts of the case is being drawn up and will be submitted to you in due course. I hare etc. W. J. PALMER Collector of Bakarganj. D. O. No. 106-Con. Confidential Department of Agriculture O. C. & R. I. Bengal Secretariat: Calcutta, the 24th June, 1943. My dear Palmer, Will you please refer to the correspondence resting with your letter No. 1352 C, dated the 17th of May, 1943, regarding the prosecution of the Chairman of Mathboria Debt Settlement Board I am directed to request that a long adjournment of the case should be arranged in order that the matter may be cleared up. There seems reason to apprehend that in view of sec. 49 of the B. A. D. Act read with sec. 4 thereof, sanction under sec. 197, Cr. P. C., is required for the prosecution of the Chairman, and that any prosecution undertaken without it may fail on that ground at any stage. If this impression is correct, it would seem desirable to regularise the position as soon as possible. If charge has not yet been framed, there will presumably be little difficulty in this, as it would be possible for the Public Prosecutor to withdraw the case with the consent of the Court; and then the prosecution be re-started after obtaining necessary sanction. Will you please let me know your views in this matter Yours sincerely, K. A. L. HILL. W. J. Palmer Esq., I.C.S., District Magistrate, Bakarganj. Barisal The 3rd July, 1943. Confidential. D. O. No. 1763-C/75-43. My dear Hill, Please refer to your Confidential D.O. letter No. 106-Con., dated the 24th June, 1943. The question of sec 197, Cr. P. C., was fully considered before the prosecution was started and the advice of the Public Prosecutor was taken. W. J. Palmer Esq., I.C.S., District Magistrate, Bakarganj. Barisal The 3rd July, 1943. Confidential. D. O. No. 1763-C/75-43. My dear Hill, Please refer to your Confidential D.O. letter No. 106-Con., dated the 24th June, 1943. The question of sec 197, Cr. P. C., was fully considered before the prosecution was started and the advice of the Public Prosecutor was taken. The Chairman of the Matbaria Debt Settlement Board is charged with misappropriating Government money which is an act that he could not possibly do or purport to do in the discharge of his official duties. There are numerous High Court Rulings to this effect in similar cases and I think there is no possibility whatever of the case failing on this ground. Under the circumstances I cannot conceive of any reasonable.ground for withdrawing the case or arranging for a long adjournment. Yours sincerely, W. J. PALMER. K. A. L. Hill Esq., I. C. S., Secretary to the Government of Bengal, Department of Agriculture, Co-operative Credit and Rural Indebtedness, Writers' Buildings, Calcutta. Confidential D. O. No. 107-C. Department of Agriculture, C. C. & R. I. Bengal Secretariat, Calcutta, the 7th of July, 1943. My dear Palmer, Will you please refer to your confidential D. O. No 1763 C., dated the 3rd of July, 1943? I send to day a telegram, suggesting that a short adjournment should be given, or that the personal attendance of the accused might be dispensed with at the next hearing. The purpose of this is to ensure that the accused, who is a member of the Legislative Assembly, should not be prevented from attending during the current session. In the meanwhile, I am also taking legal advice as to whether there is any danger of the case failing for want of due sanction. Yours sincerely, K. A. L. HILL. W. J. Palmer, Esq., I.C.S., District Magistrate, Bakarganj, Barisal. Barisal The 9th July, 1943. Confidential D. O. No. 1845 C/75-43. My dear Hill, Please refer to your D. O. No. 107-C dated 7th of July, 1943. Yours sincerely, K. A. L. HILL. W. J. Palmer, Esq., I.C.S., District Magistrate, Bakarganj, Barisal. Barisal The 9th July, 1943. Confidential D. O. No. 1845 C/75-43. My dear Hill, Please refer to your D. O. No. 107-C dated 7th of July, 1943. If the accused applies in time for an adjournment of the case on the ground that he wishes to attend the Assembly sitting, the Court will most certainly grant the adjournment and I have already mentioned this to the Magistrate, but if on the other hand, the accused waits till the actual date fixed and this causes all the witnesses to be brought and a lot of Government money wasted, the Court will naturally take a very different view of the matter. I am afraid I do not understand why you are taking legal advice in the matter. As the matter is now before a Court of Justice, the prosecution cannot be stopped without the consent of the Court. The decision now rests entirely with the trying Court and it is useless for us to take any further legal advice in the matter. Yours sincerely, W. J. PALMER. K. A. L. Hill Esq., I. C. S., Secretary to the Government of Bengal, Department of Agriculture, Cooperative Credit and Rural Indebtedness, Writers' Buildings, Calcutta. D. O. No. 109-C. Department of Agriculture C. C. & R. I. Bengal Secretariat: Calcutta, the 26th July, 1943. Confidential My dear Palmer, Will you please refer to the correspondence resting with your D. O. No. 1845 C., dated the 9th of July, 1943? It is understood that the accused applied for an adjournment on the ground of ill health and that he remained in Calcutta in anticipation of orders, as he had gathered the impression that the adjournment would almost certainly be granted. It is believed that he was bona fide in this, and had not any intention of evading the process of the Court. Will you kindly inform me what has been the result of the application? I should be glad if you would kindly inform me which are the High Court rulings referred to in your letter dated the 3rd of July. Yours sincerely, K. A. L. Hill. W. J. Palmer Esq., I. C. S., District Magistrate, Bakarganj, Barisal. Confidential Barisal. The 29th July, 1943. D. O. No. 2078C-75-43. I should be glad if you would kindly inform me which are the High Court rulings referred to in your letter dated the 3rd of July. Yours sincerely, K. A. L. Hill. W. J. Palmer Esq., I. C. S., District Magistrate, Bakarganj, Barisal. Confidential Barisal. The 29th July, 1943. D. O. No. 2078C-75-43. My dear Hill, Please refer to your D. O. No. 109-C dated 26th of July, 1943. I understand that the accused was granted an adjournment but that he has been asked to produce a medical certificate in support of his alleged ill health. There are a number of High Court Rulings of which the most important, both because it is a decision of the Calcutta High Court and because the fads are very similar to those in the present case, is that given by Pearson and Mallik, JJ., in Amanat Ali Vs. Emperor, AIR 1929 Cal 724 . In that case the question was whether Government sanction was required for the prosecution of a Sub Deputy Collector for misappropriation of a sum of money paid to him as salami for khas mahal lands. The Court said that in the case of a criminal breach of trust by a public servant it would be essential to show before sec. 197 would be applicable that mis-appropriation had taken place as an official act. The court held that it was not sufficient that the property should have been entrusted to the accused in his capacity as a public servant, nor did it matter that the fact that the accused was a public servant afforded him the opportunity for the commission of the offence. The Court quoted with approval the following words of Coutts Trotter, J., in re Abdul Khadir Sahib 17 Cr. L. J. 168 (which was a case under the former Act). I think on the whole that oven if it is a necessary averment to say that he was a public servant and not a mere matter of proof, nevertheless the offence is of criminal breach of trust and that it is not an offence which is committed by him in his capacity of public servant as such, his capacity of public servant being only that which puts him, so to speak, in a position in which such an offence can be committed. The decision in this case leaves no possible doubt as to the present case as it is a Calcutta decision and has not been overruled. Yours sincerely, W. J. Palmer. K. A. L. Hill Esq., I. C. S., Secretary to the Government of Bengal, Department of Agriculture, Cooperative Credit and Rural Indebtedness, Writers' Buildings, Calcutta. C. C. & R. I. Department, Bengal Secretariat: Calcutta, the 21st Sept. 1943. Confidential D. O. No. 116-Con. My dear Palmer, With regard to the matter of Khan Sahib Hatem Ali, Chairman of Matberia Debt Settlement Board, who is being prosecuted under charge of misappropriation it is again very desirable that he should have opportunity of attending the current Assembly session. It is understood that an application for adjournment stating these facts was made at the last date of hearing, but that in spite of it the case has been fixed for the 24th instant. The Assembly session will continue until the 28th instant; and it is, therefore, suggested that it is desirable, if possible, for the case to be adjourned until after the Pujas. Yours sincerely, K. A. L. Hill. W. J. Palmer Esq., I. C. S., District Magistrate, Bakarganj, Barisal. 9. Mr. Hill's letters clearly created the impression in Mr. Palmer's mind that an attempt was being made to hold up or stop the prosecution. The letters certainly are liable to that interpretation. The Standing Counsel, however, contends that that was not the Government's intention; that the Government's intention was not to interfere with the course of justice. He stated in Court that on May 13th a written application was made by the present applicant to the Minister in charge of the department, alleging that he had been falsely implicated in a defalcation case and that no sanction had been obtained for his prosecution and asked for the intervention of the Government. It is interesting to note that on the hearing of this Rule the Advocate for the accused stated that the accused had no knowledge of the letters. Sec. 197 of the Code of Criminal Procedure provides: .... It is interesting to note that on the hearing of this Rule the Advocate for the accused stated that the accused had no knowledge of the letters. Sec. 197 of the Code of Criminal Procedure provides: .... When any public servant who is not removable from his office save by or with the sanction of a Provincial Government or some higher authority, is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the previous sanction of the Local Government. 10. The Standing Counsel contends that by reason of the provisions of sec. 49 of the Bengal Agricultural Debtors Act, the applicant is a public servant and that when the applicant's application was received by the Government Department and it was found that no sanction had been obtained, the Government put the matter before the Legal Remembrancer and various opinions were obtained and rulings cited, and the question was considered as to whether there was any necessity to obtain sanction; but there were conflicting rulings on the subject and various cases were considered and that whilst that consideration was taking place, the Government desired the case to be adjourned pending consideration; that there had been difficulty in the past in working the Bengal Agricultural Debtors Act and they wished the matter to be settled and that Government consequently authorised the letters. Further, that in November Government decided that the case must proceed as it was. There was no intention whatever to interfere with the course of justice. 11. It should, however, be noted that in the later letters, i.e., from July 7th, Mr. Hill was applying for an adjournment of the case to allow the accused to appear in the Legislative Assembly and perform his duties there. In the case of Emperor v. Md. Ebrahim I. L. R. [1941] 2 Cal. 11. It should, however, be noted that in the later letters, i.e., from July 7th, Mr. Hill was applying for an adjournment of the case to allow the accused to appear in the Legislative Assembly and perform his duties there. In the case of Emperor v. Md. Ebrahim I. L. R. [1941] 2 Cal. 381 at p. 286: 45 C. W. N. 763 (1941) it was pointed out that if Government desired to put in a petition or request to the Court trying a case, the proper course was to do so directly through the Public Prosecutor who was the proper officer to put the matter before the Court and that it was wrong to send instructions as to what should be done with regard to a case through the District Magistrate. These remarks appear to have had no effect on the conduct of the Government department in the present case, and Mr. Palmer cannot be blamed for taking the view that the Government Department was improperly attempting to hold up or stop the prosecution. If the Government Department wished to ascertain what the legal position with regard to sec. 197 of the Code of Criminal Procedure was, it could have allowed the case to go forward and have it decided according to law. If the Government wished to give permission for the prosecution to go on, they could give it at once through the Public Prosecutor. If they wished to stop the prosecution, they could instruct the Public Prosecutor to apply in open Court for its withdrawal under sec. 494 of the Code of Criminal Procedure. They took none of these courses and Mr. Palmer's letter of July 3rd, discloses that the question of sec. 197 of the Code of Criminal Procedure was fully considered before the prosecution was started and the advice of the Public Prosecutor was taken. 12. It is interesting to analyse the correspondence. It opens with a telegram on May 16th from the Government Department to Mr. Palmer: " Please report facts and stay proceedings if within your powers pending further instructions on sanction of prosecution from Government." The obvious comment on that telegram is that it requests stay of proceedings at once before the Government Department had had the opportunity to study the facts of the case. 13. Mr. Palmer: " Please report facts and stay proceedings if within your powers pending further instructions on sanction of prosecution from Government." The obvious comment on that telegram is that it requests stay of proceedings at once before the Government Department had had the opportunity to study the facts of the case. 13. Mr. Palmer's reply by letter next day was " as the case is now sub judice, I think it would be improper to interfere in any way";.... but statement of facts of the case would be forwarded as they were on May 27th. 14. A month later, June 24th, is the next letter and is from the department to Mr. Palmer, marked confidential: it requests a long adjournment of the case in order that the matter may be cleared up and then raises the question of the necessity for sanction, suggests that for lack of it the prosecution may fail and that to regularise it the Public Prosecutor should withdraw the case with the consent of the Court and then the prosecution be restarted after obtaining the necessary sanction. One wonders only that it took a month to give that reply. 15. On July 5th, Mr. Palmer replied that before the prosecution was started the question of sanction under sec. 197 of the Code of Criminal Procedure was considered and the advice of the Public Prosecutor taken, that there were cases in the High Court justifying prosecution without sanction and that there was no possibility of the case failing on this ground. He rejected the suggestions of Mr. Hill. 16. The reply of Mr. Hill was curious. On July 7th he sent a telegram and a letter suggesting a short adjournment or that the personal attendance of the accused should be dispensed with at the next hearing so that the accused could attend the meeting of the Legislative Assembly. In the letter he also said he was taking legal advice on the question of sanction. The latter statement is interesting, because the Standing Counsel in Court before us referred to the file in the matter and stated that on May 20th the matter was referred to the Legal Remembrancer for opinion which opinion the Legal Remembrancer gave on June 11th. Surely Mr. Hill must have known that. In view of this it is difficult to see why Mr. Surely Mr. Hill must have known that. In view of this it is difficult to see why Mr. Hill should write on June 24th "I am directed to request that a long adjournment of the case should be arranged so that the matter may be cleared up," and on July 7th that he was taking legal advice on the question of sanction. 17. Mr. Palmer's letter of July 9th in reply to Mr. Hill's of July 7th was as downright and uncompromising as before. After that Mr. Hill dropped the matter of a long adjournment on the question of sanction under sec. 197 and contented himself with asking for Mr. Palmer's cases in support of his attitude re. sec. 197. Mr. Hill however proceeded to write the letter of July 26th in which he stated " It is understood that the accused applied for an adjournment on the ground of ill health and that he remained in Calcutta in anticipation of adjournment as he had gathered the impression that the adjournment would almost certainly be granted. It is believed that he was bond fide in this and that he had not any intention of evading the process of the Court. Will you kindly inform me of the result of the application? " 18. That letter is interesting, because on July 9th the accused was due to appear before the Magistrate, but did not appear, his Advocate stating that he had gone to Calcutta to attend the Assembly and had been taken ill there. The trying Magistrate observed that that day, July 9th, had been fixed after consulting all the accused and their lawyers and that the accused had not produced any medical certificate. The trying Magistrate ordered the accused to produce a medical certificate. On July 11th the trying Magistrate fixed the date for the appearance of the accused as August 5th and ordered that the accused's medical certificate should be produced on that day; the Magistrate directed that the Secretary of the Legislative Assembly be written to asking whether the accused had attended there on July 8th, 9th and 10th. The Secretary of the Legislative Assembly wrote back that the accused had attended the Legislative Assembly on July 8th and 9th. 19. Mr. Hill's letter of July 26th was written to Mr. The Secretary of the Legislative Assembly wrote back that the accused had attended the Legislative Assembly on July 8th and 9th. 19. Mr. Hill's letter of July 26th was written to Mr. Palmer a little over a week before the trying Magistrate was due to take up again the case against the accused and was obviously intended to help to get the accused out of the difficulties he was involved in because of his non-appearance on July 9th. It is a letter written on behalf of the accused by a Government Department. 20. Mr. Palmer gave a very terse reply in the first paragraph of his letter of July 29th: I understand that the accused was granted an adjournment but that he has been asked to produce a medical certificate in support of his alleged ill health. 21. On August 5th, the hearing was adjourned to August 6th and on August 6th when, as stated earlier, the accused offered an explanation of how he was ill in Calcutta and unable to travel to Barisal to attend Court, yet well enough to attend the Assembly sittings. The Magistrate accepted the explanation, but said that a serious view would be taken if the trial had to be adjourned again owing to the absence of the accused in another place. 22. Thereafter on August 7th and 14th the case was heard. On September 20th, on affirmation sworn on September 17th the accused moved this Court for a Rule for transfer under sec. 526 of the Code of Criminal Procedure and obtained it. On September 21st, 1943, Mr. Hill again wrote to Mr. Palmer, suggesting a further adjournment of the case so that the accused might attend the Assembly; but by that time the proceedings had been stayed under this Rule. 23. The Rule was first heard on February 9th. 1944, and then adjourned so that the Standing Counsel could tell us what Mr. Hill had to say about the letters. At the adjourned hearing on February 29th the Standing Counsel furnished no statement by Mr. Hill but simply stated that the letters were not the personal letters of Mr. Hill but that Government took the responsibility for them. Mr. Hill indeed in the letter of June 24th writes " I am directed to request...." Who gave those directions we have not been told. 24. Hill but simply stated that the letters were not the personal letters of Mr. Hill but that Government took the responsibility for them. Mr. Hill indeed in the letter of June 24th writes " I am directed to request...." Who gave those directions we have not been told. 24. From May 16th to July 3rd, 1943, the Government Department was asking for a long adjournment to clear up the position as regards sanction under sec. 197 of the Code of Criminal Procedure. From July 7th to September 21st, the Government was asking for short adjournments to enable the accused to attend to his duties as a member of the Legislative Assembly. 25. As regards the May-July letters, I am unable to accept the contention that they simply asked for time so that the legal position as regards sec. 197 of the Code of Criminal Procedure and sec. 49 of the Bengal Agricultural Debtors Act should be cleared up; the position would be cleared up by simply letting the case go on and getting a decision from the Court. Besides, according to the Standing Counsel the Legal Remembrancer took the matter up on May 26th and gave his opinion on June 11th, which makes the Government Department's letters of June 24th and July 7th, asking for time to consider the legal position, look disingenuous and misleading. 26. As regards the letters of July 7th and September 21st, asking for short adjournments to enable the accused to attend to his duties as a Member of the Legislative Assembly, I must in the first place say that the proper and only way to make such a request is for the accused or his pleader to make it to the trying Court who will give it every proper consideration. For Government Departments to suggest to the District Magistrate what they and trying Magistrate should do in regard to cases under trial (unless they are specifically authorised by the Code of Criminal Procedure as for instance under sec. 528 (3) to withdraw a case from a trying Magistrate) is wrong as this Court has more than once pointed out. I have come to the conclusion that an attempt was made to hold up this prosecution so that eventually it would be dropped. Clearly, the accused had moved in this matter and had friends with influence who caused the Government Department to send the above letters. I have come to the conclusion that an attempt was made to hold up this prosecution so that eventually it would be dropped. Clearly, the accused had moved in this matter and had friends with influence who caused the Government Department to send the above letters. Who these persons were we have not been told. The Government which has taken the responsibility for these letters knows or can find out who these persons were. It clearly is their duty to find out and see that this attempted interference which is not consistent with the oaths of office which the Governor and his Ministers have taken " to do right to all manner of persons according to the laws and usages of India without fear or favour," does not take place. Further, it is not consistent with the duties of Secretaries of Government Departments who are officers subordinate to the Governor for the purpose of exercising the executive authority of the Province, to take part in such attempts. 27. Thanks to the proper and resolute attitude of the District Magistrate, there was no interference with the course of justice here. The District Magistrate, Mr. Palmer, acted properly in transferring the case to the Munsif-Magistrate at Sadar and as subsequent events have shown, he was wise in doing so. The trying Magistrate, Mr. Roy, acted properly and showed both discretion and firmness in dealing with the case when the accused, after agreeing to the date fixed for hearing, kept away. 28. At the conclusion of the hearing of the Rule the Standing Counsel stated that the Government were anxious to do nothing which might even savour of interference with the course of justice. I can only repeat what has been said above and further say that when persons apply to Government Departments for their assistance in what might appear to be an interference with the course of justice in a case, the proper reply of those Departments is, "the matter is not for us to deal with, it is sub judice; it is a matter for the trying Court." 29. I see no reason to believe that the accused has not had and will not have a fair trial and in my opinion the Rule for transfer should be discharged. 30. The other Rules, namely, Miscellaneous Cases Nos. 285 to 288 of 1943 are likewise discharged. Lodge, J. I agree.