RAMA SHANKER TEWARI Vs. STATE

JUDGEMENT

(1.) THIS is an application in revision against conviction under section 18 of the Indian Press (Emergency Powers) Act (Act No. 23 of 1931). There is no dispute about the facts; the conviction is challenged on the ground that the Act was unconstitutional and became void on the passing of the Constitution. On a search of the applicant's house on 11.6.1950 in execution of a search warrant issued by the District Magistrate of Azamgarh cyclostyled leaflets were recovered. Some leaflets contained the constitution of the United Provinces Khet Majdoor Union, some were entitled "Conspiracy of Great Britain and America to start third world War" and the others contained communist propaganda. The name of the printer was not printed on any of them.

(2.) SECTION 15 of the Act lays down that a District Magistrate may

(3.) ALL laws in force immediately before the commencement of the Constitution, in so far as they are inconsistent with Articles 14 to 35, to the extent of such inconsistency, are void under Article 13. Under Article 19(1) (a) "all citizens shall have the right to freedom of speech and expression". As the Article stood on 11 -6 -50 this freedom was subject to the right of the State to make any law relating to libel, slander, defamation, contempt of court or any matter which offends against decency or morality or which undermines the security of, or tends to overthrow, the State. The Article was amended on 18.6.1951, that is, after the commission of the alleged offence by the applicant. The effect of the amendment is that the freedom of speech and expression is subject to the right of the State to make any law which imposes "reasonable restrictions" on the exercise of the right "in the interests of the security of the State or public order" etc. It is further laid down in the amendment that no law in force immediately before the commencement of the Constitution which is consistent with Article 19 as amended shall be deemed to be void or ever to have become void on the ground only that being a law which takes away or abridges the freedom of speech and expression, its operation was not saved by clause (2) of the Article as originally enacted. In other words, the amendment of Article 19 has been given retrospective effect. Article 14 enjoins upon the State not to deny any person "the equal protection of the laws". Article 20 is to the effect that