ROMESH Vs. STATE

JUDGEMENT

(1.) For the reasons given by me in Brij Bhushan and Another vs. The State, which practically involves the same question as is involved in this case, I hold that the reliefs sought by the petitioner cannot be granted. In this view, I would dismiss this petition, but I should like to add a few observations to supplement what I have said in the other case.

(2.) It appears to me that in the ultimate analysis the real question to be decided in this case is whether "disorders involving menace to the peace and tranquillity of the Province" and affecting "public safety" will be a matter which undermines the security of the State or not. I have borrowed the words quoted within and the question raised before us attacking the validity of the Act must be formulated in the manner I have suggested. If the answer to the question is in the affirmative; as I think it must be, then the impugned law which prohibits entry into the State of Madras of "any document or class of documents" for securing public safety and maintenance of public order should satisfy the requirements laid down in article 19 (2) of the Constitution. From the trend of the arguments addressed to us, it would appear that if a document is seditious, its entry could be validly prohibited, because sedition is a matter which undermines the security of the State; but if, on the other hand, the document is calculated to disturb public tranquility and affect public safety, its entry cannot be prohibit because public disorder and disturbance of public tranquillity are not matters which undermine the security of the State; Speaking for myself, I cannot understand this argument. In Brij Bhushan and Another v. The State, I have quoted good authority to show that sedition owes its gravity to its tendency to create disorders and an authority on criminal law like Sir James Stephen has classed sedition as an offence against public tranquillity.

(3.) If so how could sedition be a matter which would undermine the security of the State and public disorders and disturbance of public safety will not be such a matter? It was argued that a small riot or an affray will not undermine the security of the State, but to this line of argument there is a two-fold answer : -