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KANIA, SASTRI, MAHAJAN, B.K.MUKHERJEA, DAS
Brij Bhushan – Appellant
Versus
State of Delhi – Respondent


Advocates Appeared:
Shri N.C. Chatter-jee, Senior Advocate, Supreme Court, (Shri B. Banerji, Advocate, Supreme Court, with him, instruc-ted by Shri Ganpat Rai, Agent, for Petitioners; Shri M.C. Setalvad; Attorney-General tor India, (Shri S.M. Sikri, Advocate, Supreme Court,

Fazl Ali, J.—The question raised in this case relates to the validity of section 7 (i) (c) of the East Punjab Public Safety Act, 1949 (as extended to the Province of Delhi), which runs as follows: —

"The Provincial Government or any authority authorised by it in this behalf if satisfied that such action is necessary for the purpose of preventing or combating any activity prejudicial to the public safety or the maintenance of public order may, by order in writing addressed to a printer, publisher or editor—

(c) require that any matter relating to a particular subject or class of subjects shall before publication be submitted for scrutiny;*

2. It should be noted that the provisions of sub-clause (c) are not in general terms but are confined to a "particular subject or class of subjects," and that having regard to the context in which these words are used, they must be connected with "public safety or the maintenance of public order."

3. The petitioners, on whose behalf this provision is assailed, are respectively the Printer (and Publisher) and Editor of an English weekly of Delhi called Organizer, and they pray for the issue of writs of certiorari & prohibition to the Chief Commissioner






































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