Constitutional Law I

Mr. Zaheer was the Secretary of a publishing house, which had a registered office in Gaya,
Bihar. In January, 1949, a pamphlet entitled “Bank Union ke Khilaf Nayi Saazish” was
allegedly published by Mr. Zaheer as the Secretary of the publishing house. The pamphlet
was of such nature which described the ill intention of the govt. against the Bank Unions. It
was considered by the authority that the pamphlet was published without taking permission
and fulfilling the criteria of Section 18 of the Indian Press (Emergency Powers) Act, 1931and
this was punishable under Section 25 of the same Act and the duration of punishment was of
3 years imprisonment. The case was filed against Mr. Zaheer in March, 1949. During the
pendency of the case the Constitution of India came into force on January 26, 1950. The
Constitution of India provides for the Freedom of Speech and Expression. Now Mr. Zaheer
said that since Constitution of India has come into force and I have right to freedom of
Speech and Expression, I shall not be punished under any law which is Violative of
Fundamental Rights and which is not in conformity with the Constitution of India. But the
State said that, the matter was pending before the Court when the Constitution of India came
into force and it will not affect the proceeding of the Court and Mr. Zaheer is subject to the
punishment under the concerned Act. Aggrieved with this, Mr. Zaheer files a suit for
protecting him under Article 19 (1) (a) and Article 13 of the Constitution of India.

Issue:

1. Whether Mr. Zaheer can get protection under Article 13 of the Constitution of
India? Whether Mr. Zaheer can exercise his Right under Article 19 (1) (a)
against a Pre- Constitutional Law?