NDLI: Brij Bhushan and Another Vs. The State of Delhi

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India. A1·t. 19. cls. (I )(a) and (2)-Fundamental
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India East Punjab Public Safety Act, 1949 (5 of 1949)
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Petition Allowed
Headnote	Constitution of India. art. 19. cls. (I )(a) and (2)-Fundamental right of freedom of speech and expression-Law imposing pre-censorship on newspapers for securing public safety and preventing public disorder-Validity-Matter disturbing public safety or causing public disorder, whether "undermines the security of, or tends to overthrow, the State"-Scope of Art. 19. cl. (2)-East Punjab Public Safety Act, 1949, sec. 7 (I) (c)-Validity.Section 7 (I) ( c) of the East Punjab Public Safety Act, 1949, as extended to the Province of Delhi provided that "the Provincial Government or any authority authorised by it in this behalf, if satisfied that such action is necessary for preventing· or combating any activity prejudicial to the public safety or the maintenance of public order may, by order in writing addressed to a printer, publisher or editor require that any matter relating to a particular subject or class of subjects shall before publication be submitted for scrutiny."Held per KANIA C. J., PATANJALI SASTRI, MEHR CHAND ·MAHAJAN, MUKHERJEA and DAs JJ.-(FAZL ALI J. dissenting) that in as much as s. 7 ( l) ( c) authorised the imposition of restrictions on the fundamental right of freedom of speech and expression guaranteed by art. 19 (1) (a) of the Constitution for the purpose of preventing activities prejudicial to public safety and maintenance of public order, it was not a law relating to "a matter which undermines the security of, or tends to overthrow, the Stace'' within the meaning of the saving provisions contained in cl. (2) of art. 19 and was therefore unconstitutional and void. [Romesh Thappar· v. The State 1950 S.C.R. 594] followed.Per FAZL ALI J.-The expression "public safety"_ has, as a result of a long course of legislative practice acquired a well recognized meaning and may be taken to denote safety, or security of the State; and, though the expression "public order" is wide enough to cover small disturbances of the peace which do not jeopardies the security of the State yet, prominence given in the Act to public safety, the fact that the Act is a piece of special legislation providing for special measures· and the aim and scope of the Act in general, show that preservation of public safety is the dominant purpose of the Act~ and .. public order" may well be paraphrased in the context as "public tranquility". Public J disorders which disturb the public tranquility do undermine the security of the State and as s. 7 ( 1) ( c) of the impugned Act is aimed at preventing such disorders it is difficult to hold that it falls outside the ambit of Art. 19(2) of the Constitution. Held by the Full Court.-The imposition of pre-censorship on a journal is a restriction on the liberty of the press which is an essential "part of the right to freedom 0:£ speech and expression declared by art. 19 (1) (a). Blackstone's Commentaries referred to.
Judge	Honble Mr. Justice Patanjali Sastri Hon'ble Mr. Justice Sir Saiyid Fazl Ali
Neutral Citation	1950 INSC 15
Petitioner	Brij Bhushan And Another
Respondent	The State Of Delhi
SCR	[1950] 1 S.C.R. 605
Judgement Date	1950-05-26
Case Number	29

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