S.S.Dulat, J.

1. This petition of Messrs. Observer Publications (P) Limited, under Article 226 of the Constitution of India seeks to question the validity of the ban imposed by the respondent, Railway Board (Ministry of Railways), on the news-weekly called the Indian Observer published by the petitioner and sold at the bookstalls of the various railway stations in India through the licencees of the respondent.

2. According to the petitioner, their publication called the Indian Observer has been sold at book-stalls of railway platforms throughout India since 1961. It may be mentioned at this stage that according to the respondent the sale of this publication is admitted from the year 1963. Nothing really turns on this difference between the petitioner and the respondent and it would not be necessary to make mention of this again. In its issue of 11th of September, 1964. (Annexure A) the Indian Observer published an article under the caption "Black Marketting in Deluxe train tickets". It was stated that tickets for the Deluxe trains could be procured by offering a bribe of Rs. 5 to Rs. 10 per ticket ten minutes before the departure of the train; this feature started with the