B. P. SINHA, J. C. SHAH, K. C. DAS GUPTA, K. SUBBA RAO, P. B. GAJENDRAGADKAR
Superintendent, Central Prison, Fatehgarh – Appellant
Versus
Ram Manohar Lohia – Respondent
Judgment
SUBBA RAO, J. : This appeal raises the question of interpretation of the words " in the interest of public order" in Art. 19(2) of the Constitution.
2. The facts are not in dispute and they lie in a small compass. The respondent, Dr. Ram Manohar Lohia, is the General Secretary of the Socialist Party of India. The U. P. Government enhanced the irrigation rates for water supplied from canals to cultivators. The party to which the respondent belongs resolved to start an agitation against the said enhancement for the alleged reason that it placed an unbearable burden upon the cultivators. Pursuant to the policy of his party, the respondent visited Farrukhabad and addressed two public meetings wherein he made speeches instigating the audience not to pay enhanced irrigation rates to the Government. On July 4, 1954, at 10. p.m. he was arrested and produced before the City Magistrate, Farrukhabad, who remanded him for two days. After investigation, the Station Officer, Kaimganj, filed a charge-sheet against the respondent before Sri P. R. Gupta, a Judicial Officer at Farrukhabad. On July 6, 1954, the Magistrate went to the jail to try the case against the respondent, but the latte
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