GHULAM SARWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is the Editor, Printer and Publisher of a daily newspaper called 'Sangam', printed at the Patna Urdu Printing Press and having circulation in the State of Bihar. By an order of the State Government dated the 19th September 1964, passed under Clause (f) of Sub-rule (1) of Rule 45 of the Defence of India Rules, 1962, he has been directed to deposit as security a sura of Rs. 5,000 in money or in Government securities with the District Magistrate of Patna. This order has been made because a number of articles were published in the said newspaper on various dates between the 9th April 1964 and the 9th September 1964 which, in the opinion of the State Government, contained prejudicial reports as defined in Clause (7) of Rule 35 of the Defence of India Rules. A copy of the order is to be found in Annexure "D" to the writ petition and is in the following terms:

(2.) The petitioner has challenged the validity of the said order on various grounds and has filed this application praying that the impugned order be called up and quashed by this Court and the respondents be restrained from taking action thereunder, by issue of an appropriate writ under Article 226 of the Constitution.

(3.) In order to appreciate the contentions put forward before us on behalf of the petitioner, it is necessary to refer to the relevant provisions contained in the Defence of India Act, 1962 (Act 51 of 1962) (hereinafter referred to as the 'Act') and to the relevant rules of the Defence of India Rules, 1962 (hereinafter referred to as the 'Rules').