S. MOHINDAR SINGH Vs. HONBLE THE PRIME MINISTER

JUDGEMENT

(1.) This is an application filed by Mr. Mohinder singh printer and publisher of a Vernacular paper called the "Wattan" Jammu, under section 21 of the Jammu and Kashmir State Press and Publications Regulation No. I of 1989. By the order of the Honourable Prime Minister the printer and publisher of the paper was served with a notice under section 14 clause 3 of the aforesaid Regulation to deposit a security of Rs. 500 with the District Magistrate Jammu on or before the 28th of Dec. 1936. This date was subsequently extended to 28th Jan. 1937 and on that date the requisite security was deposited with the District Magistrate, Jammu. The printer and publisher of the "Watan" has now come to this court to challenge the validity of the order under which the security was demanded from him.

(2.) The order of the Honourable Prime Minister" dated 8th Dec. 1936 is based on two articles published in the "Watan". The first article was published in the "Watan" of 20th May 1936 and the second article was published in the "Watan" of 23rd June 1936. At the foot of the order dated 8th Dec. 1936 the headlines of the two articles are given. The head lines of the article published in the "Watan" of 20th May 1936 is given as "Views opposed to that of the Muslim Conference regarding demand for responsible Assembly' while the heading of the article published in the "Watan" of 23rd June 1936 is "Political aspect of Sikh agitation."

(3.) The first point urged by the applicant's learned counsel Mr. A. N. Kak is that the articles published in the Vernacular paper "Watan" were not correctly translated in the office of the Honourable Prime Minister and that the order of the Honourable Prime Minister was secured on wrong translation of the articles. There is no English translation of the articles in question on the file and we therefore do not know as to what English translation, if any, was put up before the Honourable Prime Minister. There is however no doubt that the head line of one of the articles has not been correctly translated. The headline of the article published in the "Watan" of 20th May 1936 is "mutalba zimawar Assembly men Muslim Conference he mutzad pehlu" and the English translation of this as given at the foot of the order dated 8th Dec. 1936 is not correct.