EMPEROR Vs. MORARJI PADAMSEY

JUDGEMENT

(1.) THIS is an application under Section 23 of the Indian Press (Emergency Powers) Act, 1931, for setting aside an order of the Government of Bombay dated March 22, 1945. The order forfeited the security of Rs. 1,500 deposited by Vishwanath Ramchandra Savant, the keeper of the press known as the Associated Advertisers and Printers, Limited, The reason why the Government made this order is stated in the body of the order itself, and it points out that whereas the Associated Advertisers and Printers, Limited, Press, has been used for the purpose of printing a book in English entitled '' Denationalisation of Goans " which contains certain words which are set out at the foot of that order and whereas it appeared to the Government of Bombay that those words were likely to prejudice His Majesty's relations with the Portuguese Government and, as such, constitute a prejudicial report and come within the scope of Clause (bb) of Section 4 (1) of the Indian Press (Emergency Powers) Act, 1931, the Government of Bombay were moved to forfeit the security deposited by Vishwa-nath Ramchandra Savant. Section 4 (1), Clause (bb), of the Indian Press (Emergency Powers) Act, refers to words, signs or visible representations which directly or indirectly convey any ' confidential information' any ' information likely to assist the: enemy' or any ' prejudicial report', as defined in the rules made under the Defence of India Act, 1939, or are calculated to instigate the contravention of any of those rules.

(2.) THE case of Government is that this particular book " Denationalisation of Goans'"' contains a prejudicial report as denned in the Defence of India Rules. " Prejudicial report" is denned in Rule 34, Clause (7), as any report, statement or visible representation, whether true or false, which, or the publishing of which, is, or is an incitement lathe commission of, a prejudicial act as defined in this rule; and "prejudicial act" is denned in Rule 34, Clause (6), and the only definition with which we are concerned is the one contained in Sub-clause (a) which is to prejudice His Majesty's relations with' any Indian State or with any foreign power. Now; it is the contention of Government that by publishing this book the relations between His Majesty and the Government of Portugal have been prejudiced. It is to be noted that the word " prejudice " is not defined anywhere in the Defence of India Act or the Rules framed thereunder. " Prejudice " is not a term with any definite connotation, and in order to construe it one is entitled to look at the purpose for which the Rules under the Defence of India Act are to be framed. We agree with the learned Advocate General that if one of the Defence of India Rules prohibits a certain act specifically, then we must give effect to that prohibition; but where the word used is ambiguous and is not defined and is not clear as to its interpretation, it is open to us to look to the object with which the Rules were framed under the Defence of India Act; and when we turn to Section 2, the Defence of India Act provides that the Central Government may, by notification in the official Gazette, make such rules as appear to it to be necessary or expedient for securing the defence of British India, the public safety, the maintenance of public order or the efficient prosecution of war, or for maintaining supplies and services essential to the life of the community. THErefore it is clear that in order that a publication or a book should prejudice His Majesty's relations with a foreign power, the publication must be such as in some way to affect one of the objects referred to in Section 2 (1) of the Defence of India Act to which we have just referred.

(3.) THEN the author points out that although Portuguese writers have held up their hands in horror at the caste system prevailing in India, they themselves have perpetrated the worst form of caste system in Goa by creating an Imperial caste consisting of the Portuguese; and he also points out how this particular caste receives invidious treatment as against the other people residing in Goa. But the main theme of the book is/to point out historically how with the passage of time the Goans have become culturally denationalised and how they have copied and parodied western manners and customs and given up their own culture. In the opinion of the author the Portuguese showed themselves ferocious in their zeal for the destruction of Goanese culture but were unable to give any new culture in substitution of the culture they have destroyed. The author further points out that such culture as the Goans now possess is of a reactionary and anti-democratic quality; it is anti-liberal and directed against all social progress. The author further points out that denationalisation has resulted in the Goans acquiescing in political subjection and they are incapable of reacting against the suppression of all their civil liberties. He points out that the Goans had certain political rights under the Portuguese Republican regime and even under the constitutional monarchy of the nineteenth century; but under the present Portuguese. rule even those political rights have been taken away. He also emphasizes the important fact that the mother-tongue of the Goans, either Konkani or Maiathi, has been sternly repressed by the Government. He also draws the attention of his readers to the fact that the people of Goa have been pauperised by the Government issuing inconvertible paper-notes issued by the " Banco Ultramarino" which have depreciated the value of rupee in Goa and it has also resulted in a general rise in the level of prices. He then lays a great deal of emphasis on the fact that by the policy of Government alcoholism has been encouraged in Goa and the people have taken to drink with the result that their moral and mental fibre has been affected; and the author cites what was stated in the World Economic Conference in London that Goa is a country where there; is a great deal of drunkenness; and the author sums up this part of his argument by saying that this drunkenness is responsible for the physical degeneracy and mental apathy of the race. In his final conclusion the author points out that the Portuguese rule has made the Goans servile, emasculated, obsequious and timid and that their present denationalisation makes them only submissive servants fit only for subordinate occupations. He further makes a plea to the people of Goa to ally themselves with the freedom movement growing in British India. He says that the Goans at present lack the necessary preparation for aspiring to freedom and he calls upon them to get out- of their mental slavery and to prepare' themselves so that they should be fit to aspire for freedom.