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THE BAN AND THE INDICTMENT ' 11 - •
"(2) In Sub-section (1) "document" includes
also' any
painting, drawing or photograph, or other visible representa-
tion."
We will in the first place direct our attention to one
or two considerations which, according to competent and
ackowledged writers on law, are fundamental and essential
in respect of seizure and forfeiture under the above
Section, before entering into a study of the grounds
set forth in the Government Notification. There are certain
elementary requirements which should be satisfied in order
that action under this Section may be legal and proper.
"Everything done which may have a remote bearing of
promoting feelings of hatred or enmity will not be an
offence" under this Section. The essential element is the
intention
to promote such feeling. "Again, feelings of enmity
and hatred- should bo aroused between two classes of His
Majesty's subjects, that is to say, between two sections of the
people", where the basic theme is a fierce contrast, say, as bet-
ween capitalism and communism. According to this author-
ity', it is not proper for any Provincial Government to
use •
Section 99A and forfeit any newspaper, book or document in
support or furtherance of its administrative, communal or
any
other
policy.
The sole and the only consideration with
the Court is whether or not the book contains any objec-
tionable matter "within the letter and spirit of this Section."
It will not be proper under it for any Government to hold
that "the books bring_ or
,
attempt to bring into hatred or
contempt or excite or attempt to
excite
disaffection towards
.
His Majesty or Government established by law in British
'The Criminal Court Manual (Imperial Acts) 3rd edition
(1940) Vol. II, published by the Madras Law Journal Office.