JUDGMENT Thomas, C.J., Misra and Kaul, JJ. - This is an application u/s 23 of Press (Emergency Powers) Act XXIII of 1931 by one Abid Ali Khan, keeper of Shahi Printing Press who by an order issued by the Government of United Provinces on 1st June, 1944, was required to deposit with the District Magistrate of Lucknow security to the amount of Ks. 1,000 in cash or the equivalent thereof in securities of the Central Government on or before the 15th June, 1944, u/s 3, subjection (3) of the Indian Press (Emergency Powers) Act XXII,I of 1931. 2. On 21st April 1914, the District Magistrate of Lucknow had written to the Chief Secretary .to Government as follows I have the honour to state that the Shahi Press run by Abid Ali Khan, son of Ali Husain Khan of Aminabad Lucknow, printed in contravention of Section 18 of the Indian Press (Emergency Powers) Act of 1931 two news-sheets (English translation and original news-sheets enclosed) containing matter of the nature described in sub-Section 1 (h) of Section 4 of the Indian Press (Emergency Powers) Act, 1931. The 'Qadeh-Aimma' (cursing of the Imams) contemplated by these news-seets was meant to revile the Imams held in reverence by the Shias. This agitation was a new and insidious innovation. If the attempt to circulate these news-sheets in public immediately after Barawafat, had not been promptly curbed by the police, their affect on Shia-Sunni relation might have been disastrous. The 'Haqiqat' daily, which had to be ad- monished recently for its behaviour in regard to Shia-Sunni controversy is also printed in this press. An insidious attempt was also made through the issue of this paper dated February 29, 1944, -,to establish that 'Qadeh-Aimma' had been "practised in the past. The keeper of this press, as printer of the papers 'Al-najm' and 'Al-Askariat' has persistently offended against the press laws by printing objectionable matter. He was ordered under G. O. No. 3457/XIX, dated 25th May, 1943, sl. 2/3 of F. No. 28/23, brief below to furnish a security for printing in Al-Askariat matters of the nature described in sub-Section 1 (d) of Section 4 of the Indian Press (Emergency Powers) Act of 1931. I would, therefore, request you kindly to issue an order against Abid Ali Khan under sub-Section (3) of Section 3 of the Indian Press (Emergency Powers) Act of 1931 demanding a security of Rs. I would, therefore, request you kindly to issue an order against Abid Ali Khan under sub-Section (3) of Section 3 of the Indian Press (Emergency Powers) Act of 1931 demanding a security of Rs. 1,000 for keeping the Shahi Press. The order which was thereafter issued by the Provincial Government to Abid Ali Khan, applicant, and which we are asked to set aside is as follows: Whereas the Shahi Press, Lucknow, printed a poster with the headline 'Qadhe-Aima wa Ashaba-Aima' announcing that an All India 7th Mushaira would be held on February 12th and 13th, 1944, at 9 p. m. in mohalla Bag Qazi Lucknow, under the presidentship of Hazrat Ismail 'Asar' Jaunpuri in order to denounce the distinguished Imams and their companions in the form of poetry, and a leaflet entitled Khuli Chitthi banam Deputy Commissioner Sahib, Lucknow, dated February 15, 1944, refuting the Deputy Commissioner's contradiction in the Press that a certain mushaira was ever held on" February 12 and 13, 1944, and affirming that the Mushaira of Qadhe-Aimma was held in Bagh Qazi, and challenging the authorities to stop the cursing of the Imams when they could not stop the cursing of the Sahaba which contain matter of the nature described in clauses (d) and (h) of sub-Section (1) of Section 4 of the Indian Press (Emergency Powers) Act, 1931, as amended by sub-Section (3) of Section B of the Defence of India Act, 1939. Now, therefore,- in exercise of the power conferred by sub-Section (3) of the Indian Press (Emergency Powers) Act, 1931, the Governor hereby requires you, Abid Ali Khan, the keeper of the said Shahi Press, Lucknow, to deposit with the District Magistrate of Lucknow, .security to the amount of Rs. 1,000' (rupees one thousand only) in cash or the equivalent thereof in securities of the Central Government on or before June 15, 1944. Abid Ali Khan deposited the security on 25th June, 1944, and thereafter presented the application which is now before us u/s 23 in this Court on 1st August, 1944. 1,000' (rupees one thousand only) in cash or the equivalent thereof in securities of the Central Government on or before June 15, 1944. Abid Ali Khan deposited the security on 25th June, 1944, and thereafter presented the application which is now before us u/s 23 in this Court on 1st August, 1944. The relevant portion of Section 23 of Act XXIII of 1931 lays, down that ''the keeper of a printing press who has been ordered to deposit security under sub-Section (3) of Section 3............may, within two months from the date of such order, apply to the High Court for the local area in which such order was made, to set aside such order, and the High Court shall decide if the :newspaper, book or other document in respect of which the order was made did or did not contain any words, signs or visible representations of the nature described in Section 4, sub-Section (1). By sub-Section 1 of Section 3 of the Act a Keeper of the printing press making a declaration for the first time u/s 4 of the Press and Registration of Books Act, 1867, may be required in the discretion of the Magistrate before whom the declaration is made, to deposit security not exceeding Rs. 1,000. By sub-Section (3) of Section 3 whenever it appears to (he .Provincial Government that any printing press kept in any place in the territories under its administration, in respect of which security under the provisions of the Act has not been required................is used for the purpose of printing or publishing any newspaper, book or other document containing any words signs or 1 visible representations of the nature described in Section 4, sub-Section (1) the Provincial Government may, by notice in writing to the keeper of the press stating or describing such words, signs or visible representations, order the keeper to deposit with the Magistrate within whose jurisdiction the press is situated security to such an amount, not being less than five hundred or more than three thousand rupees as the Provincial Government may think fit to require in money or the equivalent thereof in securities of the Central Government as the person making the deposit may choose. The words, signs or visible representations of the nature described in Section 4, sub-Section (I) are those which (a) ............ (b) ............or which tend, directly or in- directly............ (c) ............ The words, signs or visible representations of the nature described in Section 4, sub-Section (I) are those which (a) ............ (b) ............or which tend, directly or in- directly............ (c) ............ (d) to bring into hatred or contempt His Majesty or the Government established by law in British India............or any class or section of his Majesty's subjects in British India or to excite disaffection towards His Majesty or the said Government, or (e) ............. (f) ............ (g) ........... (h) to promote feelings of enmity or hatred '-. between different classes of His Majesty's subjects, or (i) ............. 3. We may observe that the Act being essentially a preventive legislation, this sub-Section has purposely been couched in comprehensive language of wide import, and it embraces in its scope not only words, signs or visible representations which in fact encourage or promote crimes, etc, but also those that tend directly or even indirectly to incite people to do acts which are considered objectionable by the Provincial Government and which are subversive of sovereign power or of principles of good citizenship. 4. Under the provisions of Section 25 of the Act we have to decide, whether the words, signs or visible representations contained in the two documents in respect of which the order, dated 1st June, 1944, was made were pot of the nature described in sub-Section 1 of Section 4. If we are of the opinion that they were not, the order complained of must be set aside. It is necessary, therefore, to examine the contents of the offending poster and the open letter. We will first deal with the poster. It is about 2 "2" X 1 "J" in size and is headed "All India Qadahe Aimma wa Asnhab Aimma Mushaira to be held on 12th and 13th February, 1944". The heading is in very bold type, and on either side of it was printed a verse the official translation of which is as follows : We publicly revile those who are vicious and thus sever the head of infidelity from the body there- of. The heading is in very bold type, and on either side of it was printed a verse the official translation of which is as follows : We publicly revile those who are vicious and thus sever the head of infidelity from the body there- of. Then followed the body of the notice as given below : To present an anthology revealing the truth behind the lives of certain particular religious heads and their companions to the elite intelligential and the sympathisers of our community and creed, the All India Seventh Mushaira of Qadhe-Aimma and Ashabe-Aimma is being held in all its glory on a grand and lavish scale on Saturday and Sunday, the lath and 13th February, 1944, at 9 p. m. in mohalla Bagh Qazi, Lucknow, under the president- ship of the leader of the community and creed, the light of God to the world, the spiritual director, the man of the age, the Chief supporter of our religion (Shariat) Hazrat Ismael Asar Jaunpuri, in which, in addition to the local poets, the satirists and critics from outside have also cordially consented to join and a number of them have already arrived. Names of Poets 1. Nasirul Millat Wal Din (Helper of the Creed and Faith) Hazrat Nasir Saheb, Jumman. 2. Ameerul Qadheen (Chief of the Satirists) Janab Bazil Kintoori. 3. Imamul Jareheen (Chief Sophist) Janab Nurullah Saheb, Baseer. 4. Naqqad-e-Bemisal (Critic beyond compare) Janab Anis Jhan Jhanwi. 5. Raeesullaan (head of execrators or cursers) Janab Dabeer Saheb Karbalai. 6. Naqid Arbab Batil (critic of the people of of falsehood) Janab Shattar Khan Saheb Mehdi, Lucknawi. 7. Najmul Millat Wal Din (Star of Community and creed) Janab Aqa Akbar Abadi. 8. Qadhae-Aimma Isqatul Millat (Reviler of the people who brought degradation to the creed) Janab Mushin Saheb, Shikmi. 9. Sultanul Mujtahideen (king of the reformers Najm Sultanpuree. 10. Hareerul Hind (the liberator of India) Janab Deedar Saheb Laf Qibla Nannahrawi. 11. Syedul Ulema (the leader of the learned) Janab Wilayat Ali Saheb Nargis, Lyallpuri. 12. Mataul Millat (Wealth of the Creed) Janab Shustri, Akbarabadi. Hindu Poets. 13. Janab Durga Prasad Saheb Qibla, Amrohawi. 14. Janab Bindra Deen Saheb Ghaeb Aziroabadi. Publisher. Sheikh Nannhoo, General Secretary, Qadhe-Aimma Committee, Lucknow, Shahi Press, Lucknow. We are informed by the applicant's learned Counsel that about 100 posters of this kind were printed and pasted in certain parts of Lucknow in- habited by Mahomadans. Hindu Poets. 13. Janab Durga Prasad Saheb Qibla, Amrohawi. 14. Janab Bindra Deen Saheb Ghaeb Aziroabadi. Publisher. Sheikh Nannhoo, General Secretary, Qadhe-Aimma Committee, Lucknow, Shahi Press, Lucknow. We are informed by the applicant's learned Counsel that about 100 posters of this kind were printed and pasted in certain parts of Lucknow in- habited by Mahomadans. The tendency of this poster cannot be judged without reference to the setting in which it was placed. There was in Lucknow then and there is even now a very bitter and frenzied religious controversy between the Shia and the Sunni sections of the population. The feelings between the two communities were tense, and the slightest provocation given by one party to the other sufficient to exasperate people to violence. The posters were issued a short time before Barawafat when the authorities have to take special precautions to avoid conflict by posting of armed police to prevent breaches of peace. T-toe issue of a poster of the kind which we have quoted above in extenso, we think, could not but excite further the feelings of the Shia community. In order to show this we will proceed to examine its contents. The word Oadhe according to Fallons dictionary means 'refutation' or 'cross-questioning'. The poster announced that a Mushaira for refutation of the Imams was going to be held in Lucknow on 12th and 13th February, 1944. The quotation at the top of the poster saying that "we openly revile those who are vicious and thus sever the head of infidelity from the body thereof" refers to the reviling of those in whom the Shia subjects of His Majesty religiously believe. The further words in the heading that "the head of infidelity should be severed from the body thereof" clearly indicates that the object of the Mushaira was not only to denounce the Shia creed but to bring about its extermination. The defiant use of the word 'infidelity' with reference to the Shia creed cannot be ignored. To announce the holding of a Mushaira of this kind at a time when the feelings between the two communities were high was in itself sufficient to pro- mote feelings of enmity and hatred between the communities. The announcement however went on to give the names of the poets who were to take part. To announce the holding of a Mushaira of this kind at a time when the feelings between the two communities were high was in itself sufficient to pro- mote feelings of enmity and hatred between the communities. The announcement however went on to give the names of the poets who were to take part. There were the names of some well-known and respected Shia Mujtahids and others who are held by that community in respect. They were described by subtle titles which were obviously abusive in their nature and must in our judgment be regarded as a clear attempt to provoke feelings of enmity and hatred amongst the Shias. It is con- tended by the learned Counsel for the applicant that per se the words contained in the posters are capable of the interpretation that the real facts about the Imams would be disclosed. This, it is said, was innocuous and could not tend directly or indirectly to bring into contempt or hatred any class of His Majesty's subjects. Our reading of the document is, as we have indicated above, very different. What was intended was the refutation of the Imams and thereby avowedly to demolish an infidel creed. The two cases cited by the learned Counsel for the applicant, AIR 1939 81 (Lahore) and In Re. Sant Singh Sardar Rattan Singh A I R 1939 Pesh. 6, have in our opinion no hearing upon the facts before us. They refer to publications which constituted honest criticism of Government action or bona fide publication of news. The announcement made in the poster was not an innocent publication of a simple notice or a news item nor an honest criticism of any action of the Government or of the other community. The conclusion which we have reached after careful consideration of the document is that the words used therein fall within the meaning of clauses (d) and (h) of sub-Section (1) of Section 4 of the Act. We may mention that the applicant has filed in this Court nine documents purporting to have done so u/s 26 of the Press (Emergency Powers) Act. There is no objection to the first two. They are the poster and the open letter. Seven of them are, however, copies of similar posters and comments in certain newspapers issued in 1943 and 1944, and we think they are not admissible. There is no objection to the first two. They are the poster and the open letter. Seven of them are, however, copies of similar posters and comments in certain newspapers issued in 1943 and 1944, and we think they are not admissible. Section 26 provides that On the hearing of an application under sub- Section (1) of Section 23 with reference to any newspaper, any copy of such newspaper published after the commencement of this Act may be given in evidence in aid of the proof of the nature or tendency of the words, signs or visible representations contained in such newspaper, in respect of which the order was made. This section, it is clear, does not warrant the production of documents Nos. 3 to 9. The application before us does not relate to the printing of any newspapers, and, the documents Nos. 3 .to 9 are not copies of such news- papers as contemplated by the section. Apart from the fact that their production is not warranted by Section 26 of the Act the documents have not been formally proved. The object under- lying the production of these documents is apparently to emphasise that the actings of the other community in the past have not been objected to and the Government ought not therefore to have singled out the applicant and taken action against him under the Press (Emergency Powers) Act. We may say that we are altogether unconcerned with this aspect of the matter in proceedings u/s 23 of the Act. We have carefully read the second offending document against which objection was taken in the order complained of. This is an open letter to the Deputy Commissioner, dated 15th February 1944, printed by the applicant's press. It was as follows Today .the Pioneer has given publication to a news containing the following statement of the Deputy Commissioner: Some objectionable posters to the effect that on 12th and 13th February a Mushaira would, be held in the "Qazi Park" were traceable in a certain part of the city. But no such Mushaira did virtually take place and it appears that :the sole purpose of such posters was to disseminate feelings of hatred among the Muslim people. We have accordingly taken measure to trace out persons who are responsible for the holding of such Mushaira so that proceedings may be started against them. But no such Mushaira did virtually take place and it appears that :the sole purpose of such posters was to disseminate feelings of hatred among the Muslim people. We have accordingly taken measure to trace out persons who are responsible for the holding of such Mushaira so that proceedings may be started against them. The foregoing statement does, in no way, repudiate the taking place of the Qadaheaimma Mushaira (reviling the religious heads). The Qadaheaimma Mushaira did take place in Bagh Qazi. "It is correct that no Mushaira '.took place in "Qazi Park". As far as we are aware there is no "Qazi Park" in Lucknow. The Qadaheaimma Mushaira has also taken place before this and posters of Qadaheaimma Mushaira have also been pasted before this throughout the city and no proceedings were ever taken before against the publishers of the posters of Qadaheaimma Mushaira. We are at our wits end to understand how the District Authorities of Lucknow would be able to start proceedings against the conveners of Qadaheaimma Mushaira, when they are unable to launch proceedings against the convers of Qadahe Sahaba Mushaira. Dated 15th February, 1944. The letter repudiates the statement of the Deputy Commissioner and announces that the Qadahe- Aimma Mushaira did in fact take place as notified in the posters. The object of the open letter obviously was to inform the public at large that the refutation of the Imams whom the Shiasheld in religious veneration had in fact taken place.' The announcement, therefore, tended again to embitter the feelings of the Shias against the Sunni community and those that were responsible for the Mushaira. We are unable to consider that this was a publication of a simple news item. The Deputy Commissioner in his announcement said that the sole purpose of such posters was to disseminate the feelings of hatred amongst the Muslim people. This is not denied in the open letter but what is said is that in view of the fact that proceedings were not taken by the Government in certain other cases, the conveners of this Mushaira were "at their wits end to understand how the proceedings could be started against them." There was also an innuendo that the Government were making a discrimination between the Shia and the Sunni community. This letter, it must again be remembered, was issued at the time when the Sunni Shia disputes were rampant in Lucknow. Taken as a whole, it constitutes, in our opinion, a charge of favouritism and tends indirectly to incite the Sunni community against, the Government. We have no hesitation in holding that the wordings of the letter are of the kind contemplated by clause (d) of sub-Section (1) of Section 4 5. The learned Counsel for the applicant contends that his client is an innocent printer of the two documents in the ordinary course of business, and ha carried out the work in the bona fide belief that there was no infringement of Section *, sub-Section (1). We are not called upon in these proceedings to pronounce on the intention which underlay the action of the applicant or the question whether the action was actuated by any malice or knowledge that the publication would offend against the provisions of Section 4, sub-Section (1). As we have mentioned above the powers of this Court are of a limited character, and we are called upon only to determine whether, the words in the publication did or did not tend directly or indirectly to bring into hatred or contempt the Government or any section of the people or to promote feelings of enmity between the subjects. The intention of the printer is, we consider, foreign to such inquiry. 6. It was also urged for the applicant that the words complained of had no immediate effect of creating disorder and therefore no security should have been demanded. The words complained of, we have already pointed out need not necessarily have brought about violence. They might well be a prelude to a public disorder. We may observe that the order passed by the Government is not a punishment such as provided in the Indian Penal Code but is simply a precautionary measure. 7. Objection is also taken to the form of notice u/s 3 (3) of the Act. It is said that inasmuch as it does not state the offending words, it is defective. Having regard to the limited nature of the enquiry, we are of opinion that this objection does not fall to be considered. We may, however, observe that Section 3 (3) does not constrain the Provincial Government to do anything more than to state or describe the words, signs or visible representations. Having regard to the limited nature of the enquiry, we are of opinion that this objection does not fall to be considered. We may, however, observe that Section 3 (3) does not constrain the Provincial Government to do anything more than to state or describe the words, signs or visible representations. It does not require that every word to which objection is taken by Government should be reproduced verbatim in the notice. The-application is, in our opinion, frivolous. We do not think that any case has been made out for setting aside the notice. It must, therefore, fail, and is accordingly dismissed. 8. The Government Advocate has pressed for costs. The application contains no valuation, but the learned Counsel concedes that it should be considered to be Rs. 1,000. We agree. The hearing in Court has lasted a whole day, and a further day must have been spent in preparation of the case. The application being of a frivolous nature, we order that Rs. 240 should be taxed as costs against the applicant. This amount shall be paid within a period of one month. In default the Crown will be entitled to recover it as a decree of this Court.