BRIJ BHUSHAN Vs. STATE OF DELHI

JUDGEMENT

(1.) THE question raised in this case relates to the validity of section 7(1) (c) of the East Punjab Public Safety Act, 1949 (as extended to the Province of Delhi), which runs as follows : -

(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 subject." 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.) IT is contended that section 7(1) (c) of the Act, under which the impugned order has been made, cannot be saved by clause (2) of Art. 19 of the Constitution, because it does not relate to any matter which undermines the security of, or tends to overthrow, the State. Thus the main ground of attack is that the impugned law is an infringement of a fundamental right and is not saved by the so -called saving clause to which reference has been made.