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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.