URDU DAILY NEWSPAPER PRATAP Vs. CROWN

JUDGEMENT

(1.) This is an application under Section 23, Press (Emergency Powers) Act 1931 (Act XXIII

(23.) of 1931) for setting aside an order of forfeiture of security made on 16 May 1948.

(2.) The petitioner before us, Shri K. Narendra, is the editor, printer and publisher of art Urdu daily newspaper, "Pratap". By an order made on 9 February 1948 by Mr. S. Khurshid, Chief Commissioner, Delhi, the petitioner, as the publisher of that newspaper, was required to deposit security of Rs. 3,000. On 18 February 1948 the security so demanded was duly deposited. By an order, being order No. F. 8 (11)/48-Press, passed on 16 May 1948 the aforesaid Chief Commissioner, in exercise of the powers conferred by Sub-section 1(a) of Section 8, Press (Emergency Powers) Act 1931 declared the said security as forfeited to His Majesty. The ground for such forfeiture, as recited in the order itself, was that "Pratap" in its issue dated 6 May 1948 and 2 May, 1948 had published a letter headed "Ek Dukhi Dil Ki Pur Dard Pukar" and a news item headed "Maulana Azad Aur Kidwai Working Committee Se walk out Kar Gae" respectively containing matter of the nature described in Clauses (d) and (b) of Sub-section (1) of Section 4 of the said Act. The present application is directed against this order.