LAWS(MAD)-1949-11-39

DRAVIDA NADU A TAMIL WEEKLY Vs. GOVERNMENT OF THE PROVINCE OF MADRAS

Decided On November 04, 1949
DRAVIDA NADU, TAMIL WEEKLY Appellant
V/S
GOVERNMENT OF THE PROVINCE OF MADRAS Respondents

JUDGEMENT

(1.) The petitioner is the editor and publisher of "Dravida Nadu," a Tamil Weekly which is printed at and issued from Kanchee-Puram. He seeks to set aside the order of the Provincial Government dated 26th May 1949 directing him to deposit with the District Magistrate, Chingleput on or before 25th June 1949 security to the amount of Rs. 3,000. The order was passed in exercise of the powers conferred by Section 7(3), Indian Press (Emergency Powers) Act, 1931, on the ground that the issues of the petitioner's journal dated 4th April 1948 and 18th April 1948 contained matter of the nature described in Section 4(1)(h) of the said Act. A translation in English of the offending passages from the two issues mentioned above was appended to the order. This application has been made under Section 23 of the Act and what this Court has to decide is whether the news, paper in respect of which the order was made did or did not contain any words of the nature described in Section 4 (1) (h) of the Act.

(2.) The words which fall within the scope of Section 4 (1) (h) are words which

(3.) Explanation 4 which has to be read along with the main provision is as follows :