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86. Ultimately, applying the tests referred to in
Chintaman Rao6 and V.G. Row7 case, referred to
earlier in the judgment, it is clear that Section 66-A
arbitrarily, excessively and disproportionately
invades the right of free speech and upsets the
balance between such right and the reasonable
restrictions that may be imposed on such right.”
20.
Thereafter the Court referred to Kameshwar Prasad
State of Bihar8 and Central Prison v. Ram Manohar Lohia9
and came to hold as follows:“94. These two Constitution Bench decisions bind
us and would apply directly on Section 66-A. We,
therefore, hold that the section is unconstitutional
also on the ground that it takes within its sweep
protected speech and speech that is innocent in
nature and is liable therefore to be used in such a
way as to have a chilling effect on free speech and
would, therefore, have to be struck down on the
ground of overbreadth.”
21. While dealing with obscenity, the Curt referred to Ranjit
D. Udeshi (supra) and other decisions and opined thus:“48. This Court in Ranjit D. Udeshi v. State of
Maharashtra (supra) took a rather restrictive view of
what would pass muster as not being obscene. The
Court followed the test laid down in the old English
judgment in Hicklin case10 which was whether the
6 Chintaman Rao v. State of M.P., AIR 1951 SC 118
7 State of Madras v. V.G. Row, AIR 1952 SC 196
8 1962 Supp. (3) SCR 369 : AIR 1962 SC 1166
9 AIR 1960 SC 633
10 R v. Hicklin, (1868) LR 3 QB 360
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