(1.) This is a reference made by the Additional City Magistrate, Lucknow, under Section 432, Cr. P. C. for a decision on a point of law whether the Dramatic Performances Act (Act 19 of 1876) has become void or not in view of Article 13, Constitution of India.
(2.) It was contended before the Magistrate that the above mentioned enactment had become inconsistent with the fundamental rights regarding freedom of speech and expression guaranteed to every citizen under Article 19, Constitution of India. The learned Magistrate in his reference observed :
(3.) The reference came up for hearing before one of us and as the question to be decided was whether an existing enactment had become void or not, it was referred to a divisional Bench of this Court.