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PETITIONER: THE STATE OF BIHAR
Vs.
RESPONDENT: SHAILABALA DEVI
DATE OF JUDGMENT: 26/05/1952
BENCH: MAHAJAN, MEHR CHAND BENCH: MAHAJAN, MEHR CHAND SASTRI, M. PATANJALI (CJ) MUKHERJEA, B.K. DAS, SUDHI RANJAN BOSE, VIVIAN
CITATION: 1952 AIR 329 1952 SCR 654 CITATOR INFO : D 1960 SC 633 (9) RF 1967 SC1643 (165) RF 1973 SC1091 (2) RF 1973 SC1461 (1705)
ACT: Indian Press (Emergency Powers) Act (XXIII of 1931) s. 4 (1) (a)__Constitution of India, Arts. 19(1) and 19(2)--Restrictions imposed by s. 4 (1) (a) on freedom of speech and expression--Whether fall within Art. 19(2)--Validity of s. 4(1)--Speeches of political dema- gogues--Construction--Burden of prosecution.
HEADNOTE: Section 4 (1) (a)of the Indian Press (Emergency Pow- ers) Act (XXIII of 1931) is not unconstitutional as the restrictions imposed on freedom of speech and expression by the said section are solely directed against the undermining of the security of the State or the overthrow of it and are within the ambit of Art. 19(2) of the Constitution. Romesh Thapar’s case ([1950] 655 S.C.R. 594]) and Brij Bhushan’s case ([1950] S.C.R. 605)do not lay down any wide proposition that restrictions of the nature imposed by s. 4 (1) (a) are outside the scope of Art. 19 (2) as they are conceived generally in the interests of public or...