Harries, C.J. - (1.) This is a petition for revision of an order of the learned Additional District Magistrate of 24 Parganas demanding a security of Rs. 1000/- from the petitioner Under Section 7 (l), Press (Emergency Powers) Act, 1931. Sub-section (1) of Section 7 is in these terms : "Any publisher of a newspaper who is required to make a declaration Under Section 5, Press and Registration of Books Act, 1867, may be required by the Magistrate before whom the declaration is made, for reasons to be recorded in writing, to deposit with the Magistrate within ten days from the day on which the declaration is made, security to such an amount, not being more than one thousand rupees, as the Magistrate may in each case think fit to require, in money or the equivalent thereof in securities of the Central Government as the person making the deposit may choose ....."
(2.) The Magistrate instructed the security police to make investigations and on the material before him he gave his reasons for demanding a security of Rs. 1000/-. The reasons he gave were to prevent irresponsible and dangerous writings which would endanger peace and the security of the State.
(3.) It was argued in the first place that this section requiring security is ultra vires the Constitution as it places a restriction on the freedom of speech which is not permissible under Article 19 (2) of the Constitution. That clause provides : "Nothing in Sub-clause (a) of Clause (1) (which states the right to freedom of speech and expression) shall affect the operation of any existing law in so far as it relates to, or prevents 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.";