Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Indian Press (Emergency Powers) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Press (emergency Powers) Act, 1931 (23 of 1931) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Indian Press (Emergency Powers) Act (XXlll of 1931), s. 4 (I} (a)-Constitution of India Arts. 19(1) and 19(2)-Restrictions imposed by s. 4(l)(a) on freedom of speech and expression-Whether fall within Art. 19 (2)-Validity of s. 4 (!)-Speeches of political demagogues-Construction-Burden of prosecution . Section 4 (!) (a) of the Indian Press (Emergency Powers) Act (XXIII of 1931) is not unconstitutional as the restrictions imposed on freedom of speech and expression by the said section are solely directed against the undermining of the security of the State or the overthrow of it and are within the ambit of Art. 19 (2) of the Constitution. Romesh Thapar's case ( [1950] S.C.R. 594]) and Brij Bhushan's case ( [1950] S.C.R. 605) do not lay down any wide proposition that restrictions of the nature imposed by s. 4 (1) (a) are outside the scope of Art 19 (2) as they are conceived generally in the interests of public order. At any rate, the amendment made to Art. 19 (2) by the Constitution (First Amendment) Act which is retrospective in operation makes the matter clear. In order to determine whether a particular document falls within the ambit of s. 4 ( 1) the writing has to be considered as a whole in a. fair, free and liberal spirit, not dwelling too much on isolated passages or upon a strong word here and there, and an endeavour should be made to gather the general effect which the whole composition would have on the minds of the public. Expressions which are the stock in trade of political demagogues and have no tendency to excite anybody, and exaggerations in languages, cannot lead to that result. Rhetoric of this kind might in conceivable circumstances inflame passions, as for example, if addressed to an excited mob, but if such circumstances exist it is for the Government to establish the fact. |
Judge | Honble Mr. Justice Bijan Kumar Mukherjea Honble Mr. Justice Mehr Chand Mahajan |
Neutral Citation | 1952 INSC 35 |
Petitioner | The State Of Bihar |
Respondent | Shailabala Devi |
SCR | [1952] 1 S.C.R. 654 |
Judgement Date | 1952-05-26 |
Case Number | 273 |
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