SHAIL BIHARI CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE prayer of the petitioner, in this application under Article 226 of the Constitution, is to quash the order, dated the 2nd March, 1976, copy of which is appended to and marked as Annexure -1. By this order, the Governor of Bihar has been pleased to declare that the Jaihind Press, located in Devendra Nath Das Lane, Mohalla Langartoli. within Pirbahore Police station of the town of Patna, be forfeited to the State Government.

(2.) THE petitioner is the son of the proprietor of Jaihind Press and looks after its affairs and management.

(3.) ON the 12th September, 1975, a police party raided the Jaihind Press premises, and recovered a number of copies of the Hindi Journal named Lok -Vani. dated the 20th September, 1975. On the basis of the recovery of the copies of this Journal, a police case, bearing Kadam Kuan P.S. case No.20 (9) 75 was registered. Thereafter, on the 21st November, 1975, the petitioner received a notice from the State Government, a copy of which has been appended to and marked as Annexure -4. In this notice, it is stated, inter alia, that whereas the Jaihind Press had been engaged in printing of a Newspaper 'Lokvani' dated the 20th September, 1975, endangering the civil defence, public security and maintenance of public order, in contravention of the order of the Central Government bearing S. O. No. 275 (E), dated the 26th June, 1975 (hereinafter referred to as S. O. No. 275 (E), the petitioner should show cause, before the Under -Secretary to Government in the Home Department (Special Section), within 15 days from the date of the notice, as to why the Jaihind Press should not be forfeited to the Government under sub -rule (2) of Rule 48 of the Defence and Internal Security of India Rules, 1971 (hereinafter referred to as 'the DIR 1971'). The petitioner showed cause by his letter, dated the 8th December, 1975, addressed to the Under -Secretary to Government, Home Department (Special Section). However, by the impugned order, the State Government forfeited the Jaihind Press. In the writ petition, the order forfeiting the Press has been challenged primarily on two grounds, namely, (i) that there is no item of news or views expressed in the Lokvani, dated Sept. 20, 1975 which contravenes any of the directions given in S. O, No.275 (E), and (ii) that the impugned order, not being a speaking order, is liable to be quashed, more so, as it has been passed without considering the case and show cause filed by the petitioner.