Supreme Court of India · 1972-11-10
GOPAL DASS SHARMA vs THE DISTRICT MAGISTRATE, JAMMU & ANR,.
- Citation / case number
- SC 1971/60225
- Court
- Supreme Court of India
- Petitioner
- GOPAL DASS SHARMA
- Respondent
- THE DISTRICT MAGISTRATE, JAMMU & ANR,.
- Author
- SIKRI, S.M. (),RAY, A.N.,PALEKAR, D.G.,BEG, M. HAMEEDULLAH,DWIVEDI, S.N.
- Bench
- SIKRI, S.M. (CJ),RAY, A.N.,PALEKAR, D.G.,BEG, M. HAMEEDULLAH,DWIVEDI, S.N.
Judgment text excerpt
The Supreme Court ruled that the cancellation of the petitioner's declaration under Section 8B(ii) of the Press & Registration of Books Act, 1867, violated his fundamental rights under Article 19(1)(g) of the Constitution, which guarantees the right to carry on any occupation, trade or business. The Court emphasized that the District Magistrate failed to provide the petitioner with a fair opportunity to respond before cancelling the declaration, thus rendering the order invalid. The Court quashed the cancellation order and upheld the petitioner's right to publish his newspaper.