(1.) IN a petition under Article 226 of the Constitution filed on the Original Side of this High Court, Bhatt J., by his judgment and order dated November 25/26, 1975 set aside the orders dated July 15, 1975 passed by the appellant prohibiting publication of articles, reports, letters and quotations, aggregating in all to eleven in number, intended for publication in the August 1975 issue of the monthly journal the 'Freedom First' edited by the respondent. Bhatt J., also issued a writ of mandamus directing the appellant, his officers, subordinates, servants, agents and successors -in -office to withdraw or cancel the said orders and further directing the appellant to permit the publication of the said articles, reports, letters and quotations and further directing the appellant, his officers, subordinates, servants and agents to forbear from acting in furtherance or implementation of the said orders. Bhatt J., further ordered the appellant to pay to the respondent the costs of the petition. It is against this judgment and order of Bhatt J., that this appeal has been filed.
(2.) FOR a fuller understanding of the facts which led to the filing of the said petition and a better appreciation of the arguments advanced in this appeal it is necessary first to trace the history of the relevant recent emergency legislation.
(3.) ON July 31, 1975 Parliament enacted the Defence of India (Amendment) Act, 1975 (Act 32 of 1975) repealing and re -enacting the Defence of India (Amendment) Ordinance, 1975.
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