RAMESH THAPER Vs. PROVINCE OF BOMBAY

JUDGEMENT

(1.) This is an appeal from a judgment of Coyajee J. by which he held that a petition for a writ of certiorari which was asked for by the petitioner and the appellant before us was not maintainable and the writ could not be issued against the Province of Bombay.

(2.) The short facts which led up to this petition may be stated. The appellant is the editor and publisher of a weekly called "Cross Roads," and on 21st July 1948, he made a declaration as required by the Indian Press (Emergency Powers) Act before the Chief Presidency Magistrate. He had some difficulties in getting the necessary paper for printing the weekly and therefore the weekly could not be printed, and he filed a new declaration before the Chief Presidency Magistrate and the Chief Presidency Magistrate made an order calling upon him to deposit a sum of Rs. 1,000 under Section 7 (1), Press (Emergency Powers) Act. This was some time in April 1949, and the petitioner carried out the order by making the necessary deposit. In the third week of July 1949, the petitioner applied to the Chief Presidency Magistrate for the return of this deposit under Section 7 of that Act and the learned Chief Presidency Magistrate made an order on 26th July ordering the refund of the deposit. In the meanwhile, an order was issued by the Government of Bombay dated 20th July calling upon the appellant to cease publication of his paper from 23rd July to 22nd September 1949. This order was issued under Section 9A, Bombay Public Security Measures Act, 1947, and it is this order that is complained of by the appellant and it is with regard to this order that a writ of certiorari was applied for before the learned Judge. The learned Judge did not decide the petition on merits, but contented himself with holding that as the order of the Provincial Government was an executive order and not a judicial or a quasi judicial order, a writ of certiorari could not be issued.

(3.) In order to determine whether the order made by the Government under Section 9A, Bombay Public Security Measures Act (Bom. VI [6] of 1947) is an executive order or a judicial or a quasi-judicial order, we have to construe that section. Section 9A is in these terms :