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PETITIONER: RAMJI LAL MODI
Vs.
RESPONDENT: THE STATE OF U.P.
DATE OF JUDGMENT: 05/04/1957
BENCH: DAS, SUDHI RANJAN (CJ) BENCH: DAS, SUDHI RANJAN (CJ) IMAM, SYED JAFFER DAS, S.K. MENON, P. GOVINDA SARKAR, A.K.
CITATION: 1957 AIR 620 1957 SCR 860
ACT: Insult to Religion-Law making such insult an offence- Constitutional validity--If violates freedom of speech and expression--Indian Penal Code (Act XLV of 1860), s. 295A- Constitution of India, Arts. 19(1)(a), 19(2), 25, 26.
HEADNOTE: This was a petition challenging the constitutional validity of s. 295A of the Indian Penal Code and for quashing the petitioner’s conviction thereunder for publishing an article in a monthly magazine of which he was the printer, publisher and the editor. It was contended on his behalf that the impugned section infringed his fundamental right to freedom of speech and expression conferred by Art. 19(1)(a) of the Constitution and was not a law imposing reasonable restrictions on the right in the interests of public order under cl. (2) of Art. 19, which alone could have afforded a justification for it. Held, that s. 295A of the Indian Penal Code was well within the protection of Cl. (2) of Art. 19 of the Constitution and its validity was beyond question. The expression "in the interests of" occurring in the amended Cl. (2) of Art. 19 had the effect of ...