TILOK CHAND GOPALDAS Vs. STATE

JUDGEMENT

(1.) THIS is an appeal under Section 33 of Act 56 of 1951. Tilok Chand Gopal Das, Editor and Publisher of the Sindhi language paper 'hindu', Ajmer, has been called upon by the learned Sessions Judge under Sections 4 and 7 of Act 56 of 1951 to furnish a security in the sum of Rs. 500/- in cash or equivalent thereof in Government securities. Against that order, the respondent Tilokchand Gopal Das has come up in appeal. I have heard the learned Counsel for the appellant and the learned Assistant Public Prosecutor.

(2.) THE facts in brief are that on 3-6-1952 a certain leading article was published in the newspaper 'hindu'. Soon after the appellant was detained under the Preventive Detention Act, but on the intervention of some citizens of Ajmer and on their giving certain assurances, the appellant was released from, detention. The appellant published the article in question in the paper 'hindu' dated 12-6-1952. He was again detained, but was subsequently on the advice of the Advisory Board released from detention. On 7-7-19s2, the District Magistrate, Ajmer, preferred a complaint under Sections 3 (v), 4 and 7 read with Section 16 of Act 56 of 1951. An enquiry was held and the learned Sessions Judge demanded the security in terms stated above by his judgment dated 18-5-1953.

(3.) THE first point pressed by the learned Counsel for the appellant is that Section 3 (v) of Act 56 of 1951 is ultra vires the Constitution and therefore void under Article 13. The contention of the learned Counsel is that Article 19 (a) guarantees freedom of speech and expression. This freedom is restricted by the provisions of Article 19 (2) which provides that the State will not be prevented from making any law imposing reasonable restrictions on the exercise of the right of freedom of expression in the interests of the security of the State. . . public order. . . or incitement to an offence.