AIR 1988 CALCUTTA 410 ::(1988) 2 CalLJ 1 ::(1988) 2 Cal HN 23

Calcutta High Court

Hon'ble Judge(s): M. K. Mukherjee, Sudhanshu Sekhar Ganguly , JJ

Constitution of India , Art.226— Contractual obligations - Government acting as bailee - Breach of contract - Writ to enforce - Not maintainable - Sealed manuscript of the book "India Wins Freedom" kept at National Archives, New Delhi and National Library, Calcutta - Govt. planning to open bath covers at New Delhi and not at both places as desired by Moulana Azad and Prof. Kabir - Writ of mandamus against would not lie. (1988) 1 Cal LJ 265, Reversed. Contract Act (9 of 1872) , S.160— The late Moulana Abdul Kalam Azad, the great freedom fighter and Statesman, had during his lifetime dictated notes of his varied experiences to Professor Humayun Kabir, the eminent educationist, as to show how India had attained freedom and the part played by him and other leaders in the struggle for freedom. On the basis of the above notes Prof. Kabir composed a book which was approved by Moulana Azad. He (Moulana Azad) however felt that some thirty pages of the book dealing with incidents and reflections of a personal character should not be published for the time being. He, therefore, directed that, a copy each of the completed text should be deposited under sealed cover in the National Archives, New Delhi and the National Library, Calcutta and should be opened thirty years after his death. Accordingly, one copy each was kept in National Archives, New Delhi and....