Law: Press (Emergency Powers) Act, (XXIII of 1931)

Section: S. 6 (b)

  General Clauses Act (X of 1890, S. 6 (b)-Repeal of Act-- Pending disposal of matter arising under repealed Act-Matter to be dealt with under provisions of repealed Act.   Press (Emergency Powers) Act (XXIII of 1931), S. 4 (1) read with S. 3 (3)-Security may be forfeited even if offending document different from that on basis of which original order of security was passed.   If security had been put in by a press, it can be forfeited if the press print any matter hit by section 4 of the Act notwith standing the, fact that the matter was printed in a document entirely different from the one on the basis of which the original order of deposit of security was passed.   Press (Emergency Powers) Act (XXIII of 1931), S. 4 (1) (a) (d)-Order of confiscation of security deposit-Provincial Government not relying on whole writing but saying that specific parts were hit by clauses (a) and (d)-Provincial Government not entitled to invoke other parts of writing in support of order unless such specific parts are ambiguous.   The impugned order of the Provincial Government in regard to confiscation of security deposit was to the effect that parts of the editorial mentioned in that order were hit by clauses (a) and (d) of section 4 of the Press (Emergency Powers) Act, 1931. This being the position taken up in the order, the Court had to determine whether the portion of the editorial, to which exception had been taken, was open to exception. If it became necessary to advert to any other part of the editorial to resolve an ambiguity in the part that had been made the basis of the impugned order, this use of the other parts of the editorial whole be permissible, but if the part on which the action was taken was not ambiguous in any respect, the Court would not refer to any other part of the editorial to see whether the impugned order could not have been justified if that other part had been made the basis of the order. Whether or not the action mentioned in section 4 of the Act should be taken on the basis of a writing is for the Govern ment to decide and as it is for the Government to take action or not to do so, it is not open =o the Court to say that…