Fazl Ali, J. - (1.) THE question raised in this case relates to the validity of section 7(1) (c) of the East Punjab Public Safety Act, 1949 (as extended to the Province of Delhi), which runs as follows : - "The Provincial Government or any authority authorised by it in this behalf if satisfied that such action is necessary for the purpose of 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 - * * * (c) require that any matter relating to a particular subject or class or subjects shall before publication be submitted for scrutiny";
(2.) IT should be noted that the provisions of sub -clause (c) are not in general terms but are confined to a "particular subject or class of subject." and that having regard to the context in which these words are used, they must be connected with "public safety or the maintenance of public order." The Petitioners, on whose behalf this provision is assailed, are respectively the Printer (and Publisher) and Editor of an English weekly of Delhi called "ORGANIZER," and they pray for the issue of writ of certiorari and prohibition to the Chief Commissioner, Delhi, with a view "to examine and review the legality" of and "restrain the operation" of and "quash" the order made by him on the 2nd March, 1950, under the impugned section, directing them "to submit for scrutiny, in duplicate, before publication, till further orders, all communal matter and news and views about Pakistan including photographs and cartoons other than those derived from official sources or supplied by the news agencies........" The order in question recites among other things that the Chief Commissioner is satisfied that the "ORGANIZER" has been publishing highly objectionable matter constituting a threat to public law and order and that action to which reference has been made is necessary for the purpose of preventing or combating activities prejudicial to the public safety or the maintenance of public order. It is contended on behalf of the Petitioners that notwithstanding these recitals the order complained against is liable to be quashed, because it amounts to an infringement of the right of freedom of speech and expression guaranteed by Art. 19(1)(a) of the Constitution. Art. 19(1)(a) and (2), which are to be read together, run as follows : - "19. (1) All citizens shall have the right - (a) to freedom of speech and expression; * * * (2) Nothing in sub -clause (a) of clause (1) shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to, libel, slander, defamation, contempt of Court or any matter which offends against decency or morality or which undermines the security of, or tends to overthrow, the State."
(3.) IT is contended that section 7(1) (c) of the Act, under which the impugned order has been made, cannot be saved by clause (2) of Art. 19 of the Constitution, because it does not relate to any matter which undermines the security of, or tends to overthrow, the State. Thus the main ground of attack is that the impugned law is an infringement of a fundamental right and is not saved by the so -called saving clause to which reference has been made.;