Judgement no. 2 When SC removed the ban on circulation of a news paper by the government citing the freedom of speech

Cases Covered:

Romesh Thapar Vs State of Madras

Most of these cases will have a political connections. In 1950 a weekly journal was writing against the Congress government. The name of the journal was “Cross Roads”. The government of Madras state banned the circulation of that journal in their state.

They passed an order under the “Madras maintenance of public order Act 1949” The reason cited for the ban was public safety. The publishers went to the court. By that time freedom of press was not a concept in India. It is not specifically mentioned in Constitution of India.

The Act was passed under section 100 of Government of India Act 1935.The petitioner claimed that the public order is against the fundamental right of speech and expression under article 19(1)(a) of Constitution of India.

The 7 rights are given in article 19(1) which are

(a) to freedom of speech and expression

(b) to assemble peaceably and without arms

(c) to form associations or unions or co-operative societies

(d) to move freely throughout the territory of India

(e) to reside and settle in any part of territory of India

(f) xxx

(g) to practice any profession, or to carry on any occupation, trade or business.

Thus the petitioner cited the fundamental right given in article 19 and requested to drop the order.

The supreme court accepted the plea of petitioner and said that the “Freedom of speech and expression includes freedom of ideas and that freedom is ensured by freedom of circulation”

Importance-

This was the first case in our country to give shape to the freedom of the press. It upheld the freedom of speech. In future it was quoted in many judgements including the famous judgement of Shreya Singhal, which set aside the section 66A of Information technology Act

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