LAW FOR ALL

defamatory.= “Mamlatdar Shri Gambhirsinh Dhakre is caught red handed by the youngstersMamlatdar is indulged in illicit relations with the wife of Doctor who is residing at Ajwa Road- attempts to conceal the matter- why the Government is not taking any action against the Mamlatdar?”- A news item has the potentiality of bringing doom’s day for an individual. The Editor controls the selection of the matter that is published. Therefore, he has to keep a careful eye on the selection. Blue-penciling of news articles by any one other than the Editor is not welcome in a democratic polity.- ‘Editor’ to mean ‘the person who controls the selection of the matter that is published in a newspaper’. Section 7 raises the presumption in respect of a person who is named as the Editor and printed as such on every copy of the newspaper. The Act does not recognise any other legal entity for raising the presumption. Even if the name of the Chief Editor is printed in the newspaper, there is no presumption against him under Section 7 of the Act.” - for recalling an erroneous order of issuance of process, no specific provision of law is required, would run counter to the scheme of the Code which has not provided for review and prohibits interference at interlocutory stagesTherefore, we are of the opinion, that the view of this Court in Mathew’s case (supra) that no specific provision is required for recalling an erroneous order, amounting to one without jurisdiction, does not lay down the correct law.” .-In the result, the appeal is allowed, the impugned judgment of the High Court is set aside and the court in seisin of the case shall now proceed with the trial in accordance with law.