K.C.DAS GUPTA, J. - (1.) THE appellant who is the publisher of the weekly newspaper 'Spotlight' published in Calcutta and was the publisher thereof, in September and October 1953 has been ordered under Section 7, Press (Objectionable Matter) Act, 1951, to deposit Rs. 5000/ -as security in cash or in equivalent thereof in Government securities as he might choose to electThis order was passed on a complaint by the Commissioner of Police that the issues of the newspaper on 5 -9 -1953, 26 -9 -1953 and 10 -10 -1953 contained objectionable matters as set out in the complaint.
(2.) TWO matters arise for determination. First, whether the Sessions Judge is right in his decision that the matters mentioned which appeared in the abovementioned issues as set out in tne petition of complaint were objectionable; and secondly if he is right in his decision that there were sufficient grounds for demanding security for Rs. 5000/ -from the publisher of the newspaper under Section 7 of the Act. The matters complained of as objectionable are: (1) In the issue dated 5 -9 -1953, the following words, 'The present regime headed by a cowardly gang of stooges of foreign powers, has been foisted on the hapless people of Iran by Dulles and Co. who aid and abet the criminals in their misdeeds.' (2) In the issue dated 26 -9 -1953, the following words: 'It is absolutely untrue and a damned lie of any one to say that I had met the Shah or congratulated him after his return to Iran from his flight. I am not a coward and never in my life nave I had any truck with cowards.' 'The old man was thoroughly stirred and worked himself upto the highest pitch when denouncing General Faziollah Zahedi whom lie described as a traitor in both the temporal and spiritual senses of the word, who should be dealt with in accordance with what Islam prescribes murtadd and Zindeeqq (apostate and heretic)'. This appeared under the caption 'Ayatolla Keshani Denounces Shah -Zeliedi Regime'. (3) In the issue dated 10 -10 -1953 the following words: 'The then prince Feisal bribed the sentries and was able to watch Shahnaz from a hole in the wall.' 'The two elders have gone to the extent of telling young king Feisal that the Princess is of doubtful parentage. They are reported to have said that the Iranina Monarch was unproductive owing to a certain ailment.' This appeared under the caption 'I will marry her even if I lose the throne.'
(3.) OBJECTIONABLE matter is defined in Section 3 of the Act in these words,'The expression 'objectionable matter' means any words, signs or visible representations which are likely to - (i) incite or encourage any person to resort to violence or sabotage for the purpose of overthrowing or undermining the Government established by law in India or in any State thereof or its authority in any area: or (ii) Incite or encourage any person to commit murder, Sabotage or any offence Involving violence; or (iii) Incite or encourage any person to interfere with the supply and distribution of food or other essential commodities or with essential services; or (iv) Seduce any member of any of the armed forces of the Union or of the police forces from his allegiance or his duty, or prejudice the recruiting of persons to serve in any such force or prejudice the discipline of any such force; or (v) Promote feelings of enmity or hatred bet -ween different sections of the people of India; or which (vi) are grossly indecent, or are scurrilous or obscene or intended for blackmail. Explanation I. Comments expressing disapprobation or criticism of any law or of any policy or administrative action of the Government with a view to obtain its alteration or redress by lawful means, and words pointing out, with a view to their removal, matters which are producing, or have a tendency to produce, feelings of enmity or hatred between different sections of the people of India, shall not be deemed to be objectionable matter within the meaning of this section. Explanation II. In judging whether any matter is objectionable matter under this Act, the effect of the words, signs or visible representations, and not the intention of the keeper of the press. or the publisher of the newspaper or news sheet, as the case may be, shall be taken into account. Explanation III. 'Sabotage' means the doinff of damage to plant or stocks, or to bridges, roads and the like with intent to destroy or injuriously to affect the utility of any plant or service or means of communication.' ;