The Chief Justice: C.M.P. No.1941 of 1950.-The question for decision in this case falls within a narrow compass. The petitioner is the owner of a printing press. She filed an application before the Chief Presidency Magistrate, Madras City, for declaring herself as the keeper of the press on 13th January, 1950, as required under the Press and Registration of Books Act (XXV of 1867). On or about 13th February, 1950, the Chief Presidency Magistrate passed an order purporting to be under section 3(1) of the Indian Press Emergency Powers Act (XXIII of 1931), calling upon the petitioner to deposit with him within ten days from that date a security of Rs.1,000 either in cash or in Government of India securities. The reasons for this order were contained in the preamble which ran thus:

“Whereas Mrs. Pattammal Arumugam has this day declared herself before me as the keeper of the ‘Nehru Press’ at No.120, Paper Mills Road, Perambur, and whereas the said Mrs.Pattammal Arumugam is reported to be a communist sympathiser and is likely to incite or encourage the commission of cognizable offences involving violence or interference with the maintenance of law by-printing objectionable communist literature in her Press which was previously used for that purpose by her husband, who is a communist detenu,

I, Sri K. Ramaswami Gounder, Chief Presidency Magistrate, consider it expedient to call upon her under section 3(1) of the Indian Press (Emergency Powers) Act (XXIII of 1931) to deposit with me within ten days from this day, a security of Rs.1,000 either in cash or in Government of India securities.” It is alleged that this order was passed without previous notice to the petitioner and without giving an opportunity to her to show cause why such an order should not be made. The petitioner seeks to have this order quashed by a writ of certiorari mainly on the ground that section 3(1) of Act XXIII of 1931 is void under Article 13 of the Constitution of India inasmuch as it is inconsistent with the provisions of Article 19(1)(a) and (g) of the Constitution. In the affidavit filed by her in support of the application she states that she is too poor to deposit the security and in any event that it was impossible for her to deposit the amount demanded within ten days, that therefore her sole source of livelihood has been taken away and she has been put to great loss and hardship.

Under section 4 of the Press and Registration of Books Act (XXV of 1867) no person shall keep in his possession any press for the printing of books or paper who shall not have made and subscribed a declaration before the Magistrate within whose local jurisdiction such press may be, that he has a press for printing at a particular place, a true and precise description of which is given in the declaration. Section 3(1) of the Press (Emergency Powers) Act (XXIII of 1931) runs as follows:

“Any person keeping a printing press who is required to make a declaration under section 4 of the Press and Registration of Books Act, 1867, may be required by the Magistrate before whom the declaration is made, for reasons to be recorded in writing, to deposit with the Magistrate within ten days from the date on which the declaration is made, security to such an amount, not being more than one thousand rupees, as the Magistrate may in each case think fit to require, in money or the equivalent thereof in securities of the Centra] Government as the person making the deposit may choose....”

The consequences of a failure to deposit the security so required are contained in sections 11 and 12 of the Act. Under section 11 the keeper of the press is liable to be punished criminally. Section 12(1) provides that such press shall not be used for the printing or publishing of any newspaper, book or other document after the expiry of the time allowed to make the deposit unless the deposit has been made and under sub-section (2) of the section, where any printing press is used in contravention of sub-section (1),

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