Romesh Thappar
F
LEGAL LANGUAGE AND LEGAL WRITING
Romesh Thappar v. State of Madras
NAME : SURAJ C CLASS : 3 B.A.LL.B ‘C’ ROLL NO : 1216246
Facts:
The petitioner is the printer, publisher and editor of a recently started weekly journal in English called Cross Roads printed and published in Bombay. The Government of Madras, the respondents herein, in exercise of their powers under section 9(1-A) of the Madras Maintenance of Public Order Act, 1949 (hereinafter referred to as the Madras Maintenance of Public Order Act) whereby they imposed a ban upon the entry and circulation of the journal in that State. His Excellency the Governor of Madras, being satisfied that for the purpose of securing the public safety and the maintenance of public order, it is necessary so to do, hereby prohibits, with effect on and from the date of publication of this order in the Fort St. George Gazette the entry into or the circulation, sale or distribution in the State of Madras or any part thereof of the newspaper entitled Cross Roads an English weekly published at Bombay. The petitioner claims that the said order contravenes the fundamental right of the petitioner to freedom of speech and expression conferred on him by article 19(1)(a) of the Constitution and he challenges the validity of section 9(1-A) of the Madras Maintenance of Public Order Act as being void under article 13(1) of the Constitution by reason of its being inconsistent with his fundamental right aforesaid.
Issues: • Whether fundamental right of the petitioner to freedom of speech and expression conferred on him by article 19(1)(a) of the Constitution is violated? • Is Section 9(1-A) of the Madras Maintenance of Public Order Act being void under article 13(1) of the Constitution?
Arguments:
The Advocate-General of Madras appearing on behalf of the respondents raised a preliminary objection, not indeed
LEGAL LANGUAGE AND LEGAL WRITING
Romesh Thappar v. State of Madras
NAME : SURAJ C CLASS : 3 B.A.LL.B ‘C’ ROLL NO : 1216246
Facts:
The petitioner is the printer, publisher and editor of a recently started weekly journal in English called Cross Roads printed and published in Bombay. The Government of Madras, the respondents herein, in exercise of their powers under section 9(1-A) of the Madras Maintenance of Public Order Act, 1949 (hereinafter referred to as the Madras Maintenance of Public Order Act) whereby they imposed a ban upon the entry and circulation of the journal in that State. His Excellency the Governor of Madras, being satisfied that for the purpose of securing the public safety and the maintenance of public order, it is necessary so to do, hereby prohibits, with effect on and from the date of publication of this order in the Fort St. George Gazette the entry into or the circulation, sale or distribution in the State of Madras or any part thereof of the newspaper entitled Cross Roads an English weekly published at Bombay. The petitioner claims that the said order contravenes the fundamental right of the petitioner to freedom of speech and expression conferred on him by article 19(1)(a) of the Constitution and he challenges the validity of section 9(1-A) of the Madras Maintenance of Public Order Act as being void under article 13(1) of the Constitution by reason of its being inconsistent with his fundamental right aforesaid.
Issues: • Whether fundamental right of the petitioner to freedom of speech and expression conferred on him by article 19(1)(a) of the Constitution is violated? • Is Section 9(1-A) of the Madras Maintenance of Public Order Act being void under article 13(1) of the Constitution?
Arguments:
The Advocate-General of Madras appearing on behalf of the respondents raised a preliminary objection, not indeed