PREMI KHEM RAJ SHARMA Vs. CHIEF SECRETARY

JUDGEMENT

(1.) This is an appln by Praml Khem Raj, Advocate the editor of 'Congress Ka Khuni Itihas', under Section 99 B of the Cr.P.C. The circumstances giving rise to it are as follows:

(2.) Premi KhemraJ (who will hereinafter be referred to as the author in this judgment) edited a booklet named 'Congress Ka Khuni Itihas in the year 1946 & it was published by Hindu Pustak Bhandar, Jaipur, in December, 1946. The then Govt of Jaipur by its order No. 8984/MB, dated 9-7-1948, published in the Jaipur Gazette dated 1-8-1948, proscribed the said booklet as well as another booklet, Punjab Men Pakistani Gundashahi' edited by Gulab Chand Kala, which was also published by Hindu Pustak Bhandar, Jaipur. The order runs as follows: "'Congress Ka Khuni Itihas' 'Punjab Men Pakistani Gundashahi' Jaipur, 9-7-1948. Whereas the Govt of Jaipur are satisfied that the circulation within the State of the marginally noted booklet is likely to be prejudicial to communal harmony & consequently to the maintenance of public peace & order In the State, & whereas the Govt of Jaipur for the aforesaid consideration deem it necessary to prohibit the purchase, transfer, sale, or otherwise possession of the said booklet in the State, it is hereby ordered that under Section 99 A, Cr. P. C. 1943, the purchase, transfer, sale or otherwise possession of the said booklet is banned with immediate effect in the Jaipur State territory, excluding Sambhar Shamlat area.

(3.) The present application relates only to Congress Ka Khuni Itihas', & the author has prayed for the cancellation of the order of proscription relating to this booklet on the ground that there was no such matter in it as was likely to be prejudicial to the communal harmony & consequently to the maintenance of public peace & order in the State as apprehended by the Govt of Jaipur. It was alleged the proscription was made in pursuance of the general all India wise policy of the Congress Govt of suppressing all other political thoughts & thinking of the country except that of Congress & that too by the Congress men.