The court underscored the executive's authority to restrict publications under emergency conditions, reaffirming the principle that governmental actions taken within the scope of law are not subject to judicial review unless proven arbitrary.

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 declares the said book and every copy or translation thereof or extract therefrom, to be forfeited to Government; and (b) directs every person possessing any copy of the said book to deliver the same to the local police authorities."
It is a matter of common knowledge that on September 8, 1962 the Chinese attacked the northern border of India and that constituted a threat to the security of India. That is why on October 26, 1962 the President issued a Proclamation under Art.352 of the Constitution. This Proclamation declared that a grave emergency existed whereby the security of India was threatened by external aggression. On the same day the Ordinance was promulgated by the President. This Ordinance was amended by Ordinance No. 6 of 1962 promulgated on November 3, 1962. On this day, the President issued the Order under Art. 359(1), suspending the rights of citizens to move any Court for the enforcement of the rights conferred by Art.21 and Art.22 of the Constitution for the period during which the proclamation of emergency issued on October 26, 1962 would be in force. On November 6, 1962 the rules framed by the Central Government were published. Then followed an amendment of the Presidential Order on November 11, 1962. By this amendment for the words and figures"Art.21" the words and figures"Art.14 and Art.21" were substituted. On December 6, 1962 R.30 as originally framed was amended and R.30 - A added. Last came the Act on December 12, 1962. S.48(1) of the Act has provided for the repeal of the Ordinance Nos. 4 and 6 of 1962. S.48(2) provides that notwithstanding such repeal, any rules made, anything done or any action taken under the aforesaid two Ordinances shall be deemed to have been made, done or taken under the Act as if this Act had commenced on October 26, 1962. That is how the rules made under the Ordinance continued to be the rules under the Act and it is under R.45 that the impugned action was taken when the emergency was still in force. It may here be noted that the emergency came to an end in January, 1968.

2. As is well known Indo - Pakistan war broke out in September, 1965. It came to an end as a result of an agreement reached between India and Pakistan in January, 1966 popularly called"Tashkent Declaration". The petitioner published the booklet entitled"Tashkent Declaration and the Problem of Indo - Pak Minorities" in February, 1966. According to the petitioner, Jan Sangh which is a communal body, started propaganda against the said booklet so much so that a calling attention motion regarding it was admitted by the Speaker of the U.P. Legislative Assembly on 11th April, 1966. Organizer, a weekly newspaper issued from Delhi commented adversely on this booklet in its issue dated 12th June, 1966 characterising it as a communal propaganda.