AI Structured Summary
Not yet generated for this judgment
Judgment
This Rule was issued on the Chief Presidency Magistrate of Calcutta to show cause why the order demanding security from the Petitioner under the Press Act (1910) should not be set aside on the ground that the Petitioner having already been registered as proprietor of the Hablul Matin Press under the Press Act cannot be legally directed to furnish security for issuing periodicals from the said press. The Petitioner is the declared proprietor of the press and the declared printer and publisher of a weekly Persian Journal that is issued under the name "Hablul Matin." Since the Italo-Turkish war and the Balkan war the Petitioner has been issuing what are described as daily supplementary editions of the Persian Journal in Bengali and Urdu and for such production from his press as well as for any English edition that may hereafter be issued he has been ordered by the Chief Presidency Magistrate to furnish security is the sum of Rs. 1,500. Against that order the Petitioner moved this Court and obtained this Rule. On further examining the law on the subject we find that the order complained of could have been passed under sec. 8 of the Indian Press Act (I of 1910) only and the learned Advocate-General, who appears for the Crown, urges that it was so, though the Chief Presidency Magistrate has not in express terms stated the section or the Act under which the order was made. In our view of the law an order passed under sec. 8 of Act I of 1910 is not revisable by this Court. This Rule therefore must be discharged for that reason.