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RANKIN, MUKERJI, MITTER
In Re: Anukul Chandra Parihal; Dainik Nayak and Swadesh Press – Appellant
Versus
. – Respondent
JUDGMENT
Mukerji, J. - This is an application u/s 23, Press (Emergency Powers) Act 23 of 1931. Petitioner 1 is the printer and publisher of a newspaper "Dainik Nayak" and petitioner 2 is the keeper of the "Swadesh Press" in which it is printed. The Local Government having, by orders made on 1st October 1932, declared forfeited to His Majesty a sum of Rs. 100 out of the security deposit of Rs. 500 made by petitioner 1 and the whole amount of the security deposit of Rs. 100 made by petitioner 2, in the exercise of their powers u/s 8, Sub-section (1) and Section 4, Sub-section (1) respectively of the said Act, the petitioners have made this application to set aside the said orders. The offending article appeared in the issue of the said newspaper of date 24th August 1932. Two passages in that article appeared to the Governor-in-Council to contain words of the nature described in Sub-section (1), Section 4 of the Act, as amended by Section 77 of the Special Powers Ordinance No. 10 of 1932, as those words, in the opinion of the Governor-in-Council:
tend to bring into hatred or contempt the Government established by law in British India or to excite disaffection towards His Majesty's Gover
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