( 1 ) THIS is a reference made by the Additional City Magistrate, Lucknow, under Section 432, Cr. P. C. for a decision on a point of law whether the Dramatic Performances Act (Act 19 of 1876)has become void or not in view of Article 13, Constitution of India.

( 2 ) IT was contended before the Magistrate that the above mentioned enactment had become inconsistent with the fundamental rights regarding freedom of speech and expression guaranteed to every citizen under Article 19, Constitution of India. The learned Magistrate in his reference observed :

". . . . . . . . it is debatable that the Dramatic Performances Act, 1876 is inconsistent with the provisions of Part III of the Constitution of India and I consider that the said Act is invalid. The question of the validity of the Dramatic Performances Act is necessary to be determined for the disposal of this case. "

( 3 ) THE reference came up for hearing before one of us and as the question to be decided was whether an existing enactment had become void or not, it was referred to a divisional Bench of this Court.

( 4 ) WE will now give the facts of the case which led to the reference.

( 5 ) THE late Munshi Prem Chand was one of the most outstanding writers of novels, stories and plays. One of his shorter pieces is a story entitled idgah. The accused who were the organisers of the Lucknow Branch of the Indian Peoples Theatres Association arranged to stage idgah on 16-6-1953 at the Refah-i-Am Club, Lucknow. The Secretary of the Association by a letter dated 15-G-53 informed the City Magistrate, Lucknow about the date, time and place of the intended performance and the City Magistrate granted permission to stage the play. On the same date the Additional District Magistrate (E) served a notice on the organisers prohibiting them to stage the play as they had not obtained his permission under Section 10, dramatic Per formances Act. The City Magistrate also cancelled the permission which he had given earlier and this order of cancellation was passed on 16-6-1953 the date on which the performance was to be held. This order was served in the middle of the performance, but the accused did not obey it and continued the performance. We have given these facts from the statement made before us by the counsel for the accused and these facts were not challenged by the counsel for the State. On account of this disobedience the accused were prosecuted under Sections 4 and 10, Dramatic Performances Act. A complaint was filed by the District Magistrate, Lucknow some time in August, 1953 and the following allegations were made in the complaint ; "whereas Razia Sajjad Zahir, Sarvasri Babu Lal Verma, Gokul Chand Rastogi, Amrit Lal Nagar organisers of the Lucknow Branch of the Indian Peoples Theatres Association arranged to stage a drama on 16-6-53 in Refah-i-Am Club Lucknow, and idgah one Act Play -- an adaptation of a drama of the same name written by late Munshi Prem Chand, was announced, and which drama contained distorted version of Munshi Prem Chands novel to suit their political ideology; and whereas no licence for staging the drama was obtained by the aforesaid organisers from me as provided under the provisions of the Dramatic Performances Act, 1876. The aforesaid accused persons staged the said drama idgah on 13-6-53 at Rafah-i-Am Club, luck-now, at about 9 P. M. without having obtained a licence from me. The said accused persons also failed to furnish a copy of the said play idgah which they were going to stage three days before performance as required under the Dramatic Performances Act. The A. D. M. (E)had also issued notices to the aforesaid accused organisers restraining them from staging a drama without obtaining the required licence under the provisions of the Dramatic Performances Act but notwithstanding the orders of A. D. M. (E) the aforesaid accused persons staged the said drama idgah in Rcfah-i-Am Club Hall, Lucknow, on 16-6-1953. "

( 6 ) AT this stage we must accept the co