Before the Kedar Nath Singh judgment, in 1960, the Supreme Court delivered another judgment in Superintendent of Police v. Ram Manohar Lohia wherein a five-judge Constitution Bench was tasked with adjudicating on the constitutionality of Section 3 of the Uttar Pradesh Special Powers Act, 1932. This provision stated,
“Whoever, by word, either spoken or written, or by signs or by visible representations, or otherwise, instigates, expressly or by implication, any person or class of persons not to pay or to defer payment of any liability, and whoever does any act, with intent or knowing it to be likely that any words, signs or visible representations containing such instigation shall thereby be communicated directly or indirectly to any person or class of persons, in any manner whatsoever, shall be punishable with imprisonment which may extend to six months, or with fine, extending to Rs. 250, or with both.”
Source: Barandbench
