Supreme Court · 1950 INSC 15 · Decided 26 May 1950
Brij Bhushan and Another v. The State of DELHI.
- Court
- Supreme Court of India
- Citation
- 1950 INSC 15 · [1950] 1 S.C.R. 605
- Case number
- WRIT PETITION (CIVIL) No. 29/1950
- Decided
- 26 May 1950
- Bench
- HARILAL JEKISUNDAS KANIA, M. PATANJALI SASTRI, MEHR CHAND MAHAJAN, BIJAN KUMAR MUKHERJEA, SUDHI RANJAN DAS, SIR SYED FAZL ALI (6-judge bench)
- Outcome
- Case Allowed
- Case type
- Writ / Constitutional
- Acts & sections cited
- Constitution Article 19(1)(a), 19(2), 32
Headnote
SUPREME COURT REPORTS 605 undermine the security of the State, but to this line of argument there is a two-fold answer :- ( 1) The Act, as its preamble shows, is not intended for petty disorders but for disorders involving menace to the peace and tranquillity of the Province, (2) There arc be -a matter which undermines the securitv of the State, but that would not affect the law whi~h aims at checking sedition. It was also said that the law as it stands may be mis­ used by the State executive, but misuse of the law is one thing and its being unconstitutional is another. We are
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