LAWS(GJH)-1976-3-22

CHUNILAL VAIDYA Vs. H J D PENHA

Decided On March 22, 1976
Chunilal Vaidya Appellant
V/S
H J D Penha Respondents

JUDGEMENT

(1.) The facts of the case, briefly stated, are as under. Petitioner No. 1 is the editor of "Bhumiputra" - a periodical which is published thrice a month - on the 6th, 16th and 26th of every month. Petitioner No. 2 is the keeper of Yagna Mudrika Press where "Bhumiputra" is printed.

(2.) This periodical is devoted to Sarvodaya ideology which appears to be a variant of Gandhian ideology. Non-violence is its creed and it professes to educate public opinion in the values of liberty and democracy. It is published by Yagna Prakashan Samiti which is a public trust. This Samiti is a Committeee of the Sarvodaya Mandal which is wedded to Sarvodaya ideology.

(3.) On June 25, 1975 the President of India issued the Second Proclamation of Emergency under clause (1) of Article 362 of the Constitution. On 27th June 1975, the President of India made an order under clause (1) of Article 369 of the Constitution and suspended the enforcement of fundamental rights guaranteed by Articles 14, 21 and 22 of the Constitution.