TMI Blog1963 (8) TMI 74X X X X Extracts X X X X X X X X Extracts X X X X ..... tion and subjected to severe torture, that he was released the next day and that in the afternoon or that day the police again came in search of the mazdoor, that on seeing the police the mazdoor ran in panic followed by the police and being afraid of price and to escape from their dutches the mazdoor jumped in front of a running train, was run over and killed. The prosecution alleged that the allegation confined in the report is absolutely false and baseless and the publication of the report amounts to a 'prejudicial act' and 'prejudicial report' as defined in Section 2 and is an offence punishable under Section 31(5) of the Act. 3. That the report was sent by the first accused and that it was published by the second accused in the paper is amply proved and has been admitted by the accuse When questioned under Section 342 Cr. P. C., the first accused stated that the report is, in fact, true and the second accused stated that it was published bona fide believing that the report is true. The defence examined witnesses to prove that the report is true. The learned Magistrate on a consideration of the evidence came to the conclusion that It was a false report and wo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exercise of the right conferred by the said sub-clause in the interests of the security of the state, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of Court, defamation or incitement to an offence. x x x This freedom guaranteed under Clause (1) (a) is the right to express one's convictions and opinions freely, by were of mouth, writing, printing, picture or In any other manner. It would thus include not only the freedom of press, but the expression of one's ideas by any visible representations, such as by gesture and the like. Expression, naturally, presupposes a second party to whom the ideas are expressed or communicated. In short, freedom of expression includes the freedom of propagation of ideas,' their publication and circulation. Clause (2) as amended by the constitution (first) amendment Act 1951, enables the legislature to impose restrictions upon the freedom of speech and expression. 'Public Order' referred to in clause (2) was introduced to meet the situation arising from the Supreme Court's decision in Romesh Thappar v. State of Madras AIR 1950 SC 124 and Brij Bhusnan v. state ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ery wide, for a law may not have been designed to directly maintain the public order, or to directly protect the general public, against any particular evil and yet it may nave been: enacted in the interests of the public order or the general public as the case may be. 8. Learned counsel for the petitioner argues that though this Act might have been enacted in the interests of public, order it takes within, its ambit the publication of all reports, both, true and false and therefore the section imposes not, merely restrictions, on but total, prohibition against, the exercise of the fundamental rights and are not saved, by the protective provisions embodied m Article 192. In other words the contention is that where a law purports as the Impugned section does, to authorise the, imposition of restriction on the exercise of the fundamental, rights to freedom, of speech and expression m language wide enough to coyer restrictions both within and without the limitation of constitutionally permissible legislative action affecting such, right, the court should not uphold it even in so far as it may be applied within the constitutionally permissible limits as it is not severable. Lear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e purview of Entry I of list II..... the connection contemplated must in our view, be real and proximate, not far-fetched or problematical. The learned Judge then referred to Section 3 of the impugned Act -- The U.P. Special Powers Act, 1932 -- under which Dr. Ram Manohar Lohla was prosecuted and analysing the section observed that under this section a wide net has been cast to catch In a variety of acts of instigation ranging from friendly advice to a systematic propaganda not to pay or to defer payment of liability to Government or any authority or to any person to whom rent is payable in respect of agricultural land, and In its wide amplitude the section takes in the innocent and the guilty persons, bona fide and mala fide advice, individuals and class, abstention from payment and deferment of payment, expressed or implied instigation, Indirect or direct instigation, liability due not only to Government but to any authority or landholder. His Lordship stated that in short, no person, whether legal adviser or a friend or a well-wisher of a person instigated can escape the tentacles of that section, though in fact, the rent due has been collected through coercive process ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t with the provisions of Part 3 are void only to the extent or such, inconsistency and so the law to the extent that it can impose reasonable restriction cannot be held to be void. In this, connection learned Advocate-General referred to the decision in Chamarbaughwall v. Union of India, W AIR 1957 SC 628. In that case the constitutionality of Sections. 4 and. 5 of the Prize Competitions Act (42 or 1955) was: challenged on We ground that 'prize competition' as defined in Section 2(d) of the Act included not merely competitions that were of a gambling nature but also those in which, success depended to a substantial degree on skill. The Supreme Court, having regard to the story of the legislation, the declared object thereof and the wording of the statute, came to the conclusion that we competitions which were sought to be controlled and regulated By the Act were only those competitions in which success did not depend to any substantial degree on skill and that having regarding to the circumstances under which the act was passed there cannot be any reasonable doubt that the Act was one to control and regulate prize competitions of a gambling character. Even on the assu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... application to acts involving intention or tendency to create disorder, or disturbance of law and order, or incitement to violence. 13. It may also be mentioned that the constitutionality of Section 31 of this very same Act was challenged In the case In M. P. Menon v. State 1953 HLT 482 : AIR 1953 TC 540 and Govinda Pillai, J., held that the Act was valid because in the interests of public order restrictions could be Imposed on the right of freedom of speech and expression. 14. Therefore, we hold that though, the provisions of the impugned statute impose restrictions on the fundamental right of freedom of speech, and expression, those restrictions are in the interests of public order and within the ambit of permissible legislative interference with that fundamental right and Clause (2) of. An. 19 clearly saves the section from the vice of unconstitutionally. On the merits of the case we are bound by the concurrent findings of the Courts below that the report is false and baseless. The publication of such a report therefore clearly amounts to an offence under Section 31(5) . 15. The conviction and sentence are, therefore, confirmed and the revision petition is dismissed. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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