MANI RAM BAGRI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AFTER hearing cousel for the parties at some length I order that with the sanction of the Chief Justice Criminal Writs Nos. 1 and 2 od 1955 may be placed for disposal before Division Bench of this Court.

(2.) THE petitioner Mani Ram Bagri, a Member of the Punjab Legislative Assembly, is being prosecuted under Section 9, Punjab Security of the State Act (Punjab Act No. 12 of 1953) in respect of two speeches which he is alleged to have made at Hissar on 22-11-1954 and 1-121954 respectively. It is contended that these speeches contained matter which amounts to contempt of Court of the type which is punishable under Section 9 of the said Act. The petitioner has moved this Court under Arts. 226 and 227 of the Constitution and also under Section 561-A, Criminal P. C. , and his prayer is that the proceedings against him be quashed. The grounds upon which the petition is based are set cut in para. 6 of the petition under various heads but the main argument may be briefly summarised as follows.

(3.) THE offence of contempt of Court is punishable under Central Act No. 32 of 1952. Provision to punish this offence therefore cannot be made by the State Legislature. Section 9 of the impugned Act is therefore ultra vires in so far as it relates to the offence of contempt of Court.