Chagla, C.J.

1. The petitioner is being prosecuted before the learned Chief Presidency Magistrate for having contravened Section 18 (1), Press (Emergency Powers) Act, 1931, and the application of the petitioner is that the prosecution should be quashed inasmuch as Section 18 (1), Press (Emergency Powers) Act, 1931, is void and of no effect as contravening Article 19 of the Constitution.

2. Now, before we consider whether Section 18 (1) contravenes a fundamental right which has been granted to the subjects under our Constitution, we have to decide whether we have any jurisdiction at this stage to consider this matter when the case is still pending before the learned Chief Presidency Magistrate. Reliance is placed by the petitioner upon Article 228 of the Constitution, and that article provides :

"If the High Court is satisfied that a case pending in a Court subordinate to it involves a substantial question of law as to the interpretation of the Constitution the determination of which is necessary for the disposal of the case, it shall withdraw the case and shall deal with it as laid down in that article," and the submission made to us by the Advocate General is that the case pe