Supreme Court of India · 1960-01-21
THE SUPERINTENDENT, CENTRAL PRISON,FATEHGARH vs RAM MANOHAR LOHIA
- Citation / case number
- SC 1956/22
- Court
- Supreme Court of India
- Petitioner
- THE SUPERINTENDENT, CENTRAL PRISON,FATEHGARH
- Respondent
- RAM MANOHAR LOHIA
- Author
- SINHA, BHUVNESHWAR P.(),GAJENDRAGADKAR, P.B.,SUBBARAO, K.,GUPTA, K.C. DAS,SHAHC.
- Bench
- SINHA, BHUVNESHWAR P.(CJ),GAJENDRAGADKAR, P.B.,SUBBARAO, K.,GUPTA, K.C. DAS,SHAH, J.C.
Judgment text excerpt
The Supreme Court held that Section 3 of the U.P. Special Powers Act, 1932, which penalizes instigating individuals not to pay liabilities, is unconstitutional as it violates Article 19(1)(a) of the Constitution. The Court emphasized that restrictions on freedom of speech must have a reasonable relation to public order and cannot be overly broad or hypothetical. The High Court's decision in favor of the appellant was upheld, affirming that the section does not embody reasonable restrictions as required under Article 19(2).