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1961 Supreme(SC) 323

N. RAJAGOPALA AYYANGAR, J. R. MUDHOLKAR, K. C. DAS GUPTA, B. P. SINHA, A. K. SARKAR
Sakal Papers Private LTD. : B. N. Sarpotdar: Shantilal Harjivan Shah – Appellant
Versus
Union Of India – Respondent


Advocates:
A.G.Ratnaparkhi, B.SEN, E.UDAYARATHNAM, G.GOPALAKRISHNAN, G.S.PATHAK, J.B.DADACHAN, K.R.CHAUDHARY, M.C.SETALVAD, N.P.NATHVANI, P.L.VOHRA, R.Ganapathy Iyer, R.H.Dhebar, RAJINDAR NARAIN, Rameshwar Nath, RAMESHWAR NATH ROY, S.N.ANDLEY, S.S.SHUKLA, S.T.DESAI, T.M.SEN, W.S.Barlingay

Judgment

MUDHOLKAR, J. : A matter of far-reaching importance affecting the freedom of the press is raised in these three petitions wherein the constitutionality of the Newspaper (Price and Page) Act, 1956, and the Daily Newspaper (Price and Page) Order, 1960, is questioned. 2. The first petition is by a private limited company carrying on business inter alia of publishing daily and weekly newspapers in Marathi named "Sakal" from Poona and by two persons who are the only shareholders in that company. The second and third petitions are preferred by two readers of "Sakal" who also challenge the constitutionality of the Act. Certain parties were allowed to intervene. They supported the Union of India, the respondent in all these petitions and sought to uphold the validity of the Act and the Order. In view of the common argument adduced before us it would be convenient to deal with the first petition only in full. 3. The newspaper "Sakal" was started in the year 1932 and it is claimed that it has a net circulation of 52,000 copies on week days and 56,000 copies on Sundays in Maharashtra and Karnataka and as such plays a leading part in the dissemination of news & views and in moulding p



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