BAPUJI KUNBI Vs. LOCAL GOVERNMENT, CENTRAL PROVINCES

JUDGEMENT

(1.) 1. The Governor in Council in exercise of the powers conferred by Sub-section 3, Press Emergency Powers Act 1931, has directed Bapu Krishnaji Ghormare, the keeper of the Kalika Printing Press, Nagpur, to deposit with the District Magistrate, Nagpur, security to the ex-tent of Rs. 1,000. The applicant Bapu Krishnaji Ghormare has made an application under Section 23(1) of the Act, to this Court.

(2.) THE first point urged relates to the words "is used" in Section 3(3). It is argued that something more than publication of objectionable matter is required by these words. It is sufficient to say that the High Court is given jurisdiction only to decide whether or not the matter published was of the nature described in Section 4, Sub-section (1). It is next urged that the poem in respect of which the order was made does not contain words of such a nature. The poem describes the feelings and recites the words of a convict sentenced to death. The applicant's counsel urges that the poem may be intended and may be understood to apply to a person sentenced for an offence which he has not committed, and that expression of admiration of the conduct of such a person does not come within the purview of the Act. In our opinion the poem was not so intended and cannot be so understood. The last message of the convict is thus recorded : The path of duty ends in the home of death. In this world a brave man has to pay off his debt by his life on the field of battle for emancipation of his country.

(3.) WE hold, then that the poem contains words of the nature described in Section 4, Sub-section (1). We cannot therefore set aside the order of the Local Government.