Criticism of men and measures or of the persons running the administration, however bitter or misguided, does not necessarily amount to bringing into contempt the Government of the province or the administration of justice.

Rai, J.

1. The petnr. has moved this Court under Sec.23, Press (Emergency Powers) Act (XXIII [23] of 1931) 1931, for setting aside the order referred to in the notification dated 14-7-1949, whereby all copies of the booklet entitled Bapu ke Saputon ka Raj have been declared to be forfeited to His Majesty.

2. The notification dated 14-7-1949, runs thus:

Government of Bihar,

Political Department,

Special Section.

Notification,

Dated 14-7-1949.

No. 18975C.In exercise of the powers conferred by Section 19, Press

(Emergency Powers) Act, 1931, (XXIII [23] of 1931) the Governor of Bihar

hereby declares to be forfeited to His Majesty all copies wherever found, of

the booklet in Hindi entitled "Bapu ke Saputon ka Raj" by Pandit Chanderdeva

Sharma and printed at the Chand Press, Jehanabad, Gaya, all other documents

containing copies, reprints or translation of, or extracts from the said

booklet on the ground that it contains words of the nature described in Clause

(2) of Sub-section (1) of Section 4 of the said Act.

By order of the Governor of Bihar,

Sd. B. K. Dutta,

Under Secretary to Government.

Mr. Ramchander Sinha, learned Counsel for the petnr., urged before us that the booklet in question did not contain any words, signs or visible representations of the nature described in Sec. 4, Sub-section (1), Clause (d) of Act XXIII [23] of 1931.

3 The relevant provisions of Act XXIII [23] of 1931 run as follows: Sec. 4 (1)."Whenever it appears to the Provincial Govt. that any printing press in respect of which any security has been ordered to be deposited under Sec.3 is used for the purpose of printing or publishing any newspaper, book or other document containing any words, signs or visible representations which tend, directly or indirectly:

(d) to bring into hatred or contempt His Majesty or the Govt. established by law in British India or the administration of justice in British India or any class or section of His Majestys subjects in British India, or to excite disaffection towards His Majesty or the said Govt.: the Provincial Govt. may, by notice in writing to the keeper of such printing press, stating or describing the words, signs or visible representations which in its opinion are of the nature described above: (i) where security has been deposited, declare such security or any portion thereof, to be forfeited to His Majesty, or

(ii) where security has not been deposited, declare the press to be forfeited to his Majesty, and may also declare all copies of such newspapers, book or other document wherever found in British India to be forfeited to His Majesty. Explanation 2. -- Comments expressing disapprobation of the measures of the Govt. with a view to obtain their alteration by lawful means without exciting or attempting to excite hatred, contempt or disaffection shall not be deemed to be of the nature described in Clause (d) of this tub-section.

Explanation 3, -- Comments expressing disapprobation of the administration or other action of the Govt. without exciting or attempting to excite hatred, contempt or disaffection shall not be deemed to be of the nature described in el. (d) of this sub-section. Sec.23 (1)--The keeper of a printing-press who has been ordered to deposit security under Sub-section (3) of Sec.3, or the publisher of a newspaper who has been ordered to deposit security under Sub-section (3) of Section 7, or any person having an interest in any property in respect of which an order of forfeiture has been made under Sec. 4, Sec. 6, Section 8, Sec.10 or Sec.19, may, within two months from the date of such order, apply to the High Court for the local area in which such order was made to set aside such order, and the High Court shall decide if the newspaper, book or other document in respect of which the order was made did or did not contain any wo