GOPAL DAS Vs. STATE OF ASSAM AND ANR.

JUDGEMENT

(1.) THIS application under Section 24, Press (Objectionable Matter) Act, 1951 (Act 56 of 1951), hereinafter called the Tress Act is directed against an order, dated 4 -3 -1950, made by the Governor of Assam under Section 11 of the said Act, forfeiting to Government the booklet entitled "Samaj Tantrabad Kiya Lagey' written by one Panna Lal Das Gupta, printed at the Joyanti Art Press, Gauhati, and published by the petitioner Gopal Das. The State Government and the Chief Secretary of the State are the opposite parties to this application.

(2.) THE petitioner claims to be a citizen of the Indian Union and is the publisher of "Pragati Prakash Bhavan", Gauhati, a concern which is said to have been functioning since 1945 and publishing a number of books.

(3.) THE two safeguards provided by the Act itself are that the Governor cannot act under 8. 11 unless the principal Law Officer or the Advocate General of the State, as the case may be, or the Attorney General of India certifies that the offending booklet or pamphlet contains "objectionable matter" and the other, that under Section 24 of the Act the person aggrieved by the order of Government can move the High Court against that order within sixty days of the date of such order. If these safeguards are real, then it must be held that the restrictions imposed on the fundamental rights of speech and expression by virtue of Section 11 are reasonable restrictions and the provision would be saved under Article 19(2) of the Constitution.