- (1.) RATAN Lal of Bhinal has been charged with an offence under Section 9, Punjab Security of the State Act, 1953, as extended to the State of Ajmer by notification No. S. R. O. 379, dated 31-1-1954. The charge reads: That you, on the 12th day of November 1954 at Kekri at about 8-30 P. M. , delivered a speech in connection with Kekri Municipal elections, which is Ex. P. 1 which contains Ex. P l (a) to Ex. P l (e) and which speech calculated to undermine the security of the State, public order, decency or morality and which amounted to defamation or incitement to an offence prejudicial to the security of the State or the maintenance of public order and thereby committed an offence punishable under Section 9 of the Punjab Security of the State Act 1953 as extended to the Ajmer State and within my cognizance. . .
(2.) IT was urged before the learned Additional District Magistrate that Section 9 of this Act was in. valid |and the learned Additional District Magistrate has made a reference to this Court. In the reference, I have heard the learned Counsel for Ratan Lai and the learned Public Prosecutor.
(3.) SECTION 9 reads: Whoever: (a) makes any speech, or (b) by words, whether spoken or written, or by signs or by visible or audible representations or otherwise publishes any statement, rumour or report, shall, if such speech, statement, rumour or report undermines the security of the State, friendly relations with foreign States, public order, decency or morality, or amounts to contempt of Court, defamation or incitement to an offence prejudicial to the Security of the State or the maintenance of public order, or tends to overthrow the State, be punishable with imprisonment which may extend to three years or with fine or with both. ;