XI of 1950 was passed on the 12th August, 1950, during the pendency of the peti tion, which was taken up for hearing on the 21st August, 1950, the issues involved had to be determined in the light of the original Act as amended.
March 31.
The Judgment of the Court was delivered by PATANJALI SASTRI C.J. This is an appeal from an order of the High Court of Judicature at Madras adjudging section 15 2 b of the Indian Criminal Law Amendment Act, 1908 Act No.
N. Subrahmanya lyer, Advocate General Travancore Cochin M. R. Krishna Pillai, with him for the State of Travancore Cochin.
C, Setalvad, Attorney General for India, S. Govind Swaminathan and R. Ganapathi Iyer, with him for the appel lant State of Madras .
As the Madras Amendment Act No.
allowed the application on 14th September, 1950, and granted a certificate under article The State of Madras has brought this appeal.
It was, however, stated in a companynter affidavit filed on behalf of the appellant by the Deputy Secretary to Govern ment, Public Department, that, according to information received by the Government, the Society was actively helping the Communist Party in Madras which had been declared unlaw ful in August 1949 by utilising its funds through its Secre tary for carrying on propaganda on behalf of the Party, and that the declared objects of the Society were intended to camouflage its real activities.
M C. Setalvad, Attorney General for India G. N. Joshi.
The High Court by a full bench of three Judges Raja mannar C.J., Satyanarayana Rao and Viswanatha Sastri JJ.
with him for the Union of India.
R. Pattabhi Raman for the respondent.
1517, Public General Department, dated 10th March, 1950, whereby the State Government de clared a Society called the Peoples Education Society an unlawful association.
XIV of 1908 as amended by the Indian Criminal Law Amendment Madras Act, 1950, hereinafter referred to as the impugned Act as unconstitutional and void, and quashing Government Order No.
The respondent, who was the general secretary of the Society, which was registered under the Societies Registra tion Act, 1860, applied to the High Court on 78 10th April, 1950, under article 226 of the Constitution companyplaining that the impugned Act and the Order dated 10th March, 1950, purporting to be issued there under infringed the fundamental right companyferred on him by article 19 1 c of the Constitution to form associations or unions and seeking appropriate reliefs.
The declared objects of the Society as set out in the affidavit of the respondent are a to encourage, promote, diffuse and popularise useful knowledge in all sciences and more specially social science b to encourage, promote, diffuse and popularise polit ical education among people c to encourage, promote and popularise the study and understanding of all social and political problems and bring about social and political reforms and d to promote, encourage and popularise art, literature and drama.
