SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1949 Supreme(SC) 54

H.J.KANIA, FAZAL ALI, PATANJALI SASTRI, M.C.MAHAJAN
Brij Bhusan – Appellant
Versus
State Of Delhi – Respondent


Judgment

Fazl Ali J. [Dissentry Judgment.]- The question raised in this case relates to the validity of S.7 (i) (c). East Punjab Safety Act, 1949(as extended to the Province of India), which runs as follows : " The Provincial Government or any authority authorised by it in this behalf if satisfied that such nation is necessary for the purpose of preventing or combating any activity prejudicial to the public safety or the maintenance of public order may, by order in writing addressed to a printer, publisher or editor -

(c) require that any matter relating to a particular object for class of subjects shall before publication be submitted for scrutiny."

2. It should be noted that the provision of sub-cl.(c) are not in general terms but are confined to a "particular subject or class of subjects", and that having regard to the context in which there words are used, they must be connected with "public safety or the maintenance of public order 130

3. The petitioners on whose behalf this provision is assailed, are respectively the Printer (and Publisher) and Editor of an English weekly of Delhi called ORGANIZER , and they pray for the issue of writs of certiorari and prohibition to the








































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top