PT. PREM NATH BAZAZ Vs. STATE

JUDGEMENT

(1.) This is an application under section 21 of the Press and Publications Act No. I of 1989 for the setting aside of the order made by the Government under sub-section, (3) of section 14 requiring the applicant to deposit security. The applicant published three articles under the captions of Sir Maharaj Singh ke 'Astife ki vajuhat, 'Kesa Naushirwani Insaf hai' -and "Uzre Gunah Badtar az Gunah" in his paper Hamdard" on 21st Aug., 24th Aug. and 28th August. There is some difference between the parties as regards the date of the publication of the last article because learned counsel for the applicant states that the article appeared in the paper of the 27th August.

(2.) A preliminary objection was taken by learned Advocate General. His contention was that the application was not in order inasmuch as it had not been verified by an affidavit. He relied on rule 2 in Chapter 10 of Rules of the Court which is as follows -

(3.) The application before us is not one to set aside an order of forfeiture and therefore this rule does not apply. It is conceded by learned Advocate General that there is no rule relating to an application for the setting aside of an order of deposit of security. It being so, it cannot be said that the application has offended against any rule and is not in order. There is no force in the contention.