N VEERABRAHMAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Reddy, C.J. 1. The subject-matter of both the petitions is the order of the Government of Andhra Pradesh passed under Section 99-A of the Criminal Procedure Code in G. O. Ms. No. 501 Home (General-C) dated 23/03/1958.

(2.) The petitioner is the author of a book called Bible Bandaram, which means the Treasure of the Bible. He claims to have dealt with the Bible from a scientific and rationalistic point of view. Being of opinion that it contains matter, which falls within the purview of Section 99-A, Criminal Procedure Code, the State Government declared that all copies of the aforesaid book, wherever found, should be forfeited to the Government. Pursuant to this, the books are said to have been confiscated by the officers concerned. These two petitions are filed in this Court challenging the validity of that order. Crl. M. P. No. 888 of 1958 is preferred under Section 99-B Criminal Procedure Code, while the Writ Petition raises the question of the constitutional validity of section 99-A.

(3.) The main theme of the argument of the counsel for the petitioner in support of both the petitions is that Section 99-A of the Criminal Procedure Code offends Article 19 (1) (a) of the Constitution, which guarantees to the citizens freedom of expression. The stress of the argument of the learned counsel for the petitioner is that any law, which takes away or even curtails any of the freedoms enshrined in Article 19 is void and should, therefore, be struck down.