The judgment establishes that the Press Emergency Powers Act 1931 prohibits the publication of matter inciting or encouraging murder or violence, and the expression of approval or admiration of such offenses, as evidenced by the poem in question.

1. The Governor in Council in exercise of the powers conferred by Sub-section 3, Press Emergency Powers Act 1931, has directed Bapu Krishnaji Ghormare, the keeper of the Kalika Printing Press, Nagpur, to deposit with the District Magistrate, Nagpur, security to the ex-tent of Rs. 1,000. The applicant Bapu Krishnaji Ghormare has made an application under Section 23(1) of the Act, to this Court.

2. The first point urged relates to the words ''is used'' in Section 3(3). It is argued that something more than publication of objectionable matter is required by these words. It is sufficient to say that the High Court is given jurisdiction only to decide whether or not the matter published was of the nature described in Section 4, Sub-section (1). It is next urged that the poem in respect of which the order was made does not contain words of such a nature. The poem describes the feelings and recites the words of a convict sentenced to death. The applicant's counsel urges that the poem may be intended and may be understood to apply to a person sentenced for an offence which he has not committed, and that expression of admiration of the conduct of such a person does not come within the purview of the Act. In our opinion the poem was not so intended and cannot be so understood. The last message of the convict is thus recorded :

The path of duty ends in the home of death. In this world a brave man has to pay off his debt by his life on the field of battle for emancipation of his country.

3. The poem clearly indicates that the convict has committed the offence for which he was sentenced to death in order to accelerate the emancipation of his country, which according to his previous statement, is still bound with chains under alien rule. The Act 13 of 1931, was passed with a special purpose, namely, to provide against the publication of matter inciting to or encouraging murder or violence. Section 4, Sub-section (1), refers to words which directly or indirectly express approval or admiration of any offence of murder or any cognizable offence involving violence or of any person, real or fictitious, who has committed or is alleged or represented to have committed any such offence. It is well known that sentences of death are seldom inflicted for any offence other than the offence of murder. The poem then clearly expresses approval or admiration of a person who is represented to have committed the offence, namely, murder for which a death penalty is ordinarily inflicted. We mention that an explanation to Section 4(1) excludes such expressions of approval or admiration in some cases unless they have the tendency to incite to or encourage the commission of similar offences. Clearly when the convict to whom the poem relates is termed a hero, and the author desires the drum of his fame to reverberate in the whole universe, such a tendency exists.

4. We hold, then that the poem contains words of the nature described in Section 4, Sub-section (1). We cannot therefore set aside the order of the Local Government.