Dr. A. J. Faridi v. Union of India - 1970 Supreme(Online)(All) 29

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1970 Supreme(Online)(All) 29

ALLAHABAD HIGH COURT
, J
Dr. A. J. Faridi v. Union of India

Advocates:
For the Petitioner:[Petitioner's Advocate(s)]
For the Respondent:[Government Advocate(s)]

Table of Content
1. challenge to government notification under emergency provisions. (Para 1 , 2 , 3)
2. allegations of mala fide against the government were presented. (Para 4)
3. government's defense of the notification's legality. (Para 5 , 6)
4. court's assessment of executive discretion and mala fide claims. (Para 7 , 8)
5. conclusion affirming dismissal based on lawful government action. (Para 9 , 10 , 11)

1. This is a petition under Art.226 of the Constitution. The prayer in the petition is that the following notification dated 18th August, 1966 published in the Gazette of India dated 27th August, 1966 be quashed:
"Whereas in the opinion of the Central Government the book entitled"Tashkent Declaration and the Problem of Indo - Pak Minorities" written by Dr. A. J. Faridi, and printed at Chowdhury Press, 7 Zamir Mansion, Gwynne Road, Lucknow, contains prejudicial reports as defined in clause (7) of R.35 of the Defence of India Rules, 1962 ;
Now, therefore, in exercise of the powers conferred by R.45 of the Defence of India Rules, 1962 , the Central Government hereby -
(a) prohibits the sale or distribution of the said book or any extract therefrom or of any translation thereof, and de