M A BAIG Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is a petition for the issue of a Writ of Certiorari and to quash the order of the Commissioner of Police of Hyderabad dated 4-2-1958 on the ground that conditions 3(a) and (b) of the licence granted to the petitioner are void and unconstitutional.

(2.) The petitioner is the proprietor of a Cinema house called Noble Talkies at Mallepalli in the City of Hyderabad. He applied for a licence under the Hyderabad Cinematograph Act, 1952 and the Hyderabad Cinematograph Rules, 1953. Under the said licence the petitioner has to produce Fire, Electrical, Municipal and Approved Films Certificates. On 14-2-1958, the Police Commissioner of Hyderabad notified to the petitioner that he had not produced the Municipal Certificate and the Approved Films Certificate and, therefore, action would be taken against him under Section 7 of the Hyderabad Cinema (Regulation) Act, 1952 and he would be liable for the penalties described in that provision. The petitioners case is that he had produced all certificates except the Approved Films Certificate. In this petition the petitioners contention is that the conditions in the licence providing for the production of Approved Films Certificate are unconstitutional as prejudicing his rights guaranteed under Article 19(1)(g) of the Constitution. It is the validity of the condition in respect of the production of the Approved Films Certificate that falls to be considered in this writ petition.

(3.) Under the Hyderabad Cinematograph Rules, 1953, certain conditions for the licence are prescribed. Conditions 3(a) and (b) are in these terms :