132 1 of the Constitution from a judgment and order dated 12th April, 1950, of the High Court of Judicature at Bombay Chagla J., Bavdekar and Shah JJ.
On March 3, 1950, the petitioner filed a written statement submitting, inter alia, that the definition of news sheet as given in section 2 6 of the Indian Press Emergency Powers Act, 1931, and sections 15 and 18 thereof were ultra vires and void in view of article 19 1 a read with article 13 and that the hearing of the case should be stayed till the High Court decided that question of law.
A prosecution under that Act was accordingly started against the petitioner in the Court of the Chief Presidency Magistrate, Bombay, and was registered as Case No.
On the 9th December, 1949, the appel lant was arrested and a prosecution was started against him under section 18 1 of the Indian Press Emergency Powers Act XXIII of 1931 in the Court of the Chief Presidency Magistrate at Bombay for publishing a pamphlet in Urdu entitled Railway Mazdoorun Ke Khilaf Nai Sazish.
The judgment of Kania C.J., Patanjali Sastri J. Das J. and Chandrasekhara Aiyar J. was delivered by Das J. Mahajan J. and Fazl Ali J. delivered separate judgments.
Jan. 22.
In September, 1949, a pamphlet entitled Railway Mazdooron ke khilaf Nai Zazish is alleged to have been published in Bombay by the petitioner as the secretary of that companypany.
APPELLATE JURISDICTION Appeal under Art.
I X of 1950.
Case No.
1102/P of 1949.
The Bombay Government authorities, however, took the view that the pamphlet was a news sheet within the meaning of section 2 6 of the Indian Press Emergency Powers Act, 1931, and that as it had been published without the authori ty required by section 15 1 of that Act, the petitioner had companymitted an offence punishable under section 18 1 of the same Act.
C. Setalvad, Attorney General for India G. N. Joshi, with him for the respondent.
Learned companynsel for the peti tioner states that the pamphlet was published as a book within the meaning of section 1 of the Press and Registra tion of Books Act XXV of 1867 and that the provisions of that Act had been duly companyplied with.
Mukherjea J. agreed with Fazl Ali J. DAs J. At all material times the petitioner, who is the appellant before us, was the Secretary of Peoples Publish ing House, Ltd., a companypany incorporated under the Indian Companies Act with its registered office at 190 B, Khetwadi Main Road in Bombay.
S.R. Chari, for the appellant.
During the pendency of the proceedings the Constitution of India came into force on January 26, 1950.
The petition under article 228 was heard on April 12, 1950, by a Bench of the Bombay High Court companysisting of Chagla C.J. and Bavdekar and Shah JJ.
During the pendency of this petition the Chief Presidency Magis trate on March 23, 1950, framed a charge against the peti tioner under section 18 of the Press Emergency Powers Act, 1931.
