Patanjali Sastri, C. J. - (1.) This is an appeal from an order of the High Court of Judicature at Madras adjudging S. 15 (2) (b) of the Indian Criminal Law Amendment Act, 1908, (Act No. 14 of 1908) as amended by the Indian Criminal Law Amendment (Madras) Act, 1950, (hereinafter referred to as the impugned Act) as unconstitutional and void, and quashing Government Order No. 1517, Public (General) Department, dated 10th March 1950 whereby the State Government declared a Society called the People's Education Society an unlawful association.
(2.) The respondent, who was the general secretary of the Society, which was registered under the Societies' Registration Act, 1860, applied to the High Court on 10th April 1950 under Art. 226 of the Constitution complaining that the impugned Act and the order dated 10th March 1950 purporting to be issued thereunder infringed the fundamental right conferred on him by Art. 19 (1) (c) of the Constitution to form associations or unions and seeking appropriate reliefs. The High Court, by a Full Bench of three Judges (Rajamannar C. J., Satyanarayana Rao and Viswanatha Sastri JJ.) allowed the application on 14th September 1950 and granted a certificate under Art. 132. The State of Madras has brought this appeal.
(3.) The Government Order referred to above runs as follows:"Whereas in the opinion of the State Government, the Association known as the People's Education Society, Madras, has for its object interference with the administration of the law and the maintenance of law and order, and constitutes a danger to the public peace;Now, therefore, His Excellency the Governor of Madras, in exercise of the powers conferred by S. 16 of the Indian Criminal Law Amendment Act, 1908 (Central Act 14 of 1908) hereby declares the said association to be an unlawful association within the meaning of the said Act."No copy of this order was served on the respondent or any other office-bearer of the society but it was notified in the official gazette as required by the impugned Act.;