GOPAL DASS SHARMA versus THE DISTRICT MAGISTRATE, JAMMU & ANR.

GOPAL DASS SHARMA versus THE DISTRICT MAGISTRATE, JAMMU & ANR.

The order canceling the declaration violated the petitioner's fundamental right to carry on the occupation and business of publishing a newspaper and was passed without affording notice or opportunity, contrary to section 8B of the Press and Registration of Books Act.

Parties
Petitioner: Gopal Dass Sharma; Respondent 1: District Magistrate, Jammu; Respondent 2: District Magistrate, Jammu & Anr.
Jurisdiction
India
Judgment Date
10 November 1972
Procedural Posture
Writ Petition / Original Jurisdiction, Final Supreme Court Judgment
Outcome
Petition allowed, cancellation order and subsequent notice quashed
Legal Topics
Fundamental Rights, Press and Registration of Books Act, Freedom of Occupation, Cancellation of Newspaper Declaration
Constitutional Law Media Law Fundamental Rights Press and Registration of Books Act Freedom of Occupation Cancellation of Newspaper Declaration

Case Brief

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Parties

Gopal Dass Sharma

Petitioner

District Magistrate, Jammu

Respondent 1

District Magistrate, Jammu & Anr.

Respondent 2

Procedural Posture

Writ Petition / Original Jurisdiction, Final Supreme Court Judgment

Legal Issues

  1. 1 Whether cancellation of the newspaper declaration violated the petitioner's fundamental right to carry on occupation and business
  2. 2 Whether notice and opportunity to show cause are required before cancellation under the Press and Registration of Books Act

Ratio Decidendi

The order canceling the declaration violated the petitioner's fundamental right to carry on the occupation and business of publishing a newspaper and was passed without affording notice or opportunity, contrary to section 8B of the Press and Registration of Books Act.

Court Disposition

Petition allowed, cancellation order and subsequent notice quashed

Orders

  • Order of the District Magistrate dated 8 July 1971 quashed
  • Notice dated 9 November 1971 quashed