Abstract
“Security and liberty, in their pure form, are antagonistic poles. The one pole represents the interest of the politically organised society in its self-preservation. The other represents the interest of the individual in being afforded the maximum sight of self-assertion, free from governmental and other interference.”1
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Reference
B. Schwartz, American Constitutional Law, p. 240
Frankfurter, J., in Dennis v. U.S. (1951) 341 U.S. 494 at 524 Romesh Thappar v. State of Madras (1950) S.C.R. 594
Quoted in Near v. Minnesota (1931) 283 U.S. 697 at 717-718
Gitlow v. New York, (1925) 268 U.S. 652
Whitney v. California, (1927) 274, U.S. 357
Stromberg v. California, (1931) 283, U.S. 359
U.S. v. Burleson, (1921) 255 U.S. 407
Schaefer v. U.S. (1920) 253 U.S. 142
Debs v. U.S. (1919) 249 U.S. 211
U.S. v. Macintosh, (1931) 283 U.S. 605 13 Abrams v. U.S. (1919) 250 U.S. 616
R. y. Sullivan (1868) 11 Cox C.C. 54
Anson, Law and Custom of the Constitution, 1935, vol. II, p. 306
R. y. Burns, (1886) 16 Cox C.C. 355
Maurice Collis, Trials in Burma (1938) p. 112
id. p. 213
Queen Empress v. J. C. Bose, (1891) I.L.R. 19 Cal. 35
Queen Empress v. B. G. Tilak, (1897) I.L.R. 22 Born. 112
id. at 134
1897) I.L.R. 22 Born. 112. It may be noted that when Strachey, J., interpreted the section, the words “hatred” and “contempt” were not included in the definition of sedition; and Parsons, J., in Queen Empress v. Ramchandra Narain could not see how “hatred” could be included in the connotation of “disaffection”. The learned judge
Niharendu Dutt Mazumdar v. King Emperor, (1942) 5 F.L.J. 47 at 57 (F.C.)
L.R. 741.A. 89
L.R. 1917 A.C. 406
id. at 466.
N. D. Mazumdar v. King Emperor (1942) 5 F.L.J. 47 at 56-57 (F.C.)
A.I.R. 1951 Panjab 27
Debi Soran y. State of Bihar, A.I.R. 1954 Patna 254
Ram Nandan v. The State, A.I.R. 1959 All. 101
idem at p. 114
As it was enacted by the British Indian government, the same section is found in the Pakistan Penal Code also.
P.L.D. 1957 (W.P.) Lahore 142
The reference is to the Pakistan Constitution which was abrogated in 1958.
Article 13(I) declares all existing laws, in so far as they are inconsistent with the guaranteed fundamental rights, to be void to the extent of the inconsistency.
P.L.D. 1958 (W.P.) Peshawar 15
a idem. pp. 18-19
b In the Commonwealth legislation a seditious document is defined as one displaying an intention to bring the sovereign into hatred and contempt, to excite disaffection against the Sovereign, the government, constitution, Parliament of Britain, the Dominions, the Commonwealth, and the States; to advocate the alteration otherwise than by lawful means of any matter established by law; to promote feelings of ill will and hostility between different classes of people. But it is not seditious to show in
Report, Part I paragraph 1054
ibid.
ibid.
See infra, p.52
Emperor v. Maniben Kara, (1932) 34 Born. L.R. 1642
1936) L.J. Newspaper 310
1950 S.C.J. 418; 1950 S.C.R. 594
Tara Singh Gopichand v. State of East Panjab, A.I.R. 1951 Panjab 27
Tilok Chand v. The State, A.I.R. 1954 Ajmer 19
Section 3(v) of the Act enabled government to take action where matter likely “to promote feelings of enmity or hatred between different sections of the people in India” was published.
Tilok Chand v. The State, A.I.R. 1954 Ajmer 19 at p. 20
It may be recalled that the Penal Code enacted by the British Indian Government is the same in both India and Pakistan, except for a few amendments effected after the division of India into two Dominions.
State v. Abdul Gaffar Khan, P.L.D. 1957 (W.P.) Lahore 142
Report, Part I, paragraph 1055
Press Laws Enquiry Committee, Report, paragraph 71
Report of the Committee, paragraph 64
Report of the Press Commission, paragraph 1048. Article 3550 C of the Penal Law of the Federal Republic of Germany provides that any person who discloses the contents of “an official document labelled secret or confidential” is liable to punishment. This is a provision which German journalists regard with intense disfavour.
a Article 4(7) of Chapter VII of the Press Law of Sweden, however, prohibits defamatory utterances in print against the I-lead or representative of a foreign power in the Kingdom if such utterances have been declared punishable by legislation. This Act forms part of the Constitution.
R. v. Gordon (1787) 22 St. Tr. 213
Stephen, Digest of Criminal Law, Article 133 67 R. v. Antonelli, 70 J.P. 4
Press Commission of India, Report, Part I, Paragraph 993
id., paragraph 1146
Section 84 of the Civil Procedure Code provides: A foreign State may sue in any Court in India, provided the object of the suit is to enforce a private right vested in the Ruler of such State or in any officer of such State in his public capacity.
Article 367(3) of the Constitution of India provides: “For the purposes of this Constitution foreign State’ means any State other than India, provided that, subject to the provisions of any law made by Parliament, the President may by order declare any State not to be a foreign State for such purposes as may be specified in the order.” In Jagannath Satha v. Union of India (1960 S.C.J. 975) the Supreme Court of India observed that under the Order, for the purposes of Articles 18, 19(2), 102, 191 and any other Article where the expression foreign State’ appears, “that expression would not cover a country within the Commonwealth unless Parliament enacted otherwise.” (at p. 978)
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Minattur, J. (1961). Sedition and Related Offences. In: Freedom of the Press in India. Springer, Dordrecht. https://doi.org/10.1007/978-94-011-9103-6_3
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