AIR 1957 SUPREME COURT 620 ::1957 ALL. L. J. 773 ::60 Pun LR 11 ::1957 (1) MadLJ(Cri) 771 ::1957 B L J R 723 ::1957 SCC 334 ::1957 S C J 522

Supreme Court Of India

5th April, 1957

Hon'ble Judge(s): S. R. Das, S. Jafer Imam, S. K. Das, P. Govinda Menon, Ajit Kumar Sarkar , JJJ

Constitution of India , Art.19(1)(a), Art.19(2)— S. 295A, Penal Code, if protected by Art. 19(2). Penal Code (45 of 1860) , S.295A— Section 295A, Penal Code falls well within the protection of Cl. (2) of Art. 19, as being a law imposing reasonable restrictions on the exercise of the right to freedom of speech and expression guaranteed by Art. 19 (1) (a).(Para 9) The language employed in the amended cl. (2) of Art. 19 is "in the interests of" and not "for the maintenance of" and the expression "in the interests of" makes the ambit of the protection very wide. A law may not have been designed to directly maintain public order and yet it may have been enacted in the interests of public order. The right to freedom of religion assured by Arts. 25 and 26 is expressly made subject to public order, morality and health. Therefore, it cannot be predicated that freedom of religion can have no bearing whatever on the maintenance of public order or that a law creating an offence relating to religion cannot under any circumstances be said to have been enacted in the interests of public order. Those two articles in terms contemplate that restrictions may be imposed on the rights guaranteed by them in the interests of public order.(Para 7 8) In the first place cl.(2) of Art.19 ....