Parmanand vs Emperor - 1938 Supreme(Lah) 181

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1938 Supreme(Lah) 181

BHIDE
Parmanand – Appellant
Versus
Emperor – Respondent

JUDGMENT

Bhide, J. - This is an application under Section 23, Press (Emergency Powers) Act (Act 23 of 1931) by one Parmanand, keeper of the Nami Press at Lahore, for the setting aside of the order of forfeiture of his security passed by the Governor of the Punjab. The order was passed on the basis of an article about the Hindu-Muslim riot at Hissar which was published on 30th March 1938 in a daily paper called the 'Vir Bharat' printed at the said Press and which in the opinion of the Governor, contains words which are of the nature described in Clauses (d) and (h) of Section 4 of the aforesaid Act. The article in the Yir Bharat to which objection has been taken consists really of a letter from the correspondent of the paper, written on the next day, after the riot and purporting to give a detailed account of the riot including its causes, the various incidents that took place and the steps taken by the authorities to restore order.

2. The learned Counsel for the applicant contended that an article of this description which merely purports to give news about a riot and the correctness of the facts stated in which has not even been challenged does not fall within the purview of Clause