KUNNIKKAL NARAYANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) 19(1) -- Legal validity of refusal of permission to read certain literature -- Such refusal is a legitimate condition that can be imposed under S.5 of the Internal Security Act -- Part.(b) of Clause.19(1) of the Order has not conferred unlimited power on the Government and the clause is not ultravires the Internal Security Act -- Internal Security Act, 1971, S.5

(2.) The petitioner, Kunnikkal Narayanan, has been detained under the Maintenance of Internal Security Act, 1971, for short, the Act. He has prayed in this petition as amended by order on CMP. No. 7630 of 1972 and by order on CMP. No. 14154 of 1972 for the following reliefs:-

(3.) The three books referred to above were sent to the petitioner but he was not permitted to receive them on the ground that the books fell within the term "mao literature" in Ext. Rl. an order passed by the Government under part (b) of sub clause (1) of Clause.19 of the Kerala Security Prisoners' Order, 1971, hereinafter referred to as the Order. The relevant portion of Ext. R1 is in these terms:-