BABU RAO PATEL Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) Can political thesis or historical truth be so presented as to promote feelings of enmity, hatred or ill-will between different religious groups or communities, is the question which we are called upon to answer in these two Criminal Appeals. The appellant in the two Criminal appeals is the editor, publisher and printer of a monthly magazine going by the name 'Mother India' ! He wrote two articles under the captions 'A tale of two communalisms' and 'Lingering disgrace of history'. On complaints filed by the Superintendent of Police, Delhi, under Section 153-A of the Indian Penal Code, he was convicted in respect of each of these articles in separate cases and sentenced in each case to suffer simple imprisonment for a period of four months and to pay a fine of Rs. 1,000 by the Additional Chief Judicial Magistrate, Delhi. On appeal the learned Sessions Judge, Delhi, confirmed the conviction in both the cases but reduced the sentence of fine to Rs. 500 in each case. This was confirmed by the High Court. The appellant has preferred these appeals by special leave of this Court.

(2.) Shri A. K. Sen, learned counsel for the appellant submitted that if the articles were read as a whole it would be patent that the article 'A tale of two communalisms' was no more than a political thesis and the second article 'Lingering disgrace of history' was no more than a protest based on historical truths against the naming of roads in Delhi after Moghul emperors. He contended that neither article contained any attack on any religion and, therefore, there was no question of promotion and attempting to promote feelings of enmity, hatred or ill-will between different religious groups on grounds of religion. The convictions under Section 153-A were, therefore, wrong, he submitted.

(3.) S. 153-A (1) (a) provides, 'whoever by words, either spoken or written, or by signs or by visible representations or otherwise, promotes, or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever disharmony or feelings of enmity, hatred, or ill-will between different religious racial language or regional groups or castes or communities shall be punished with imprisonment which may extend to three years, or with fine, or with both'. It is seen that S. 153A (1) (a) is not confined to the promotion of feelings of enmity etc. on grounds of religion only as argued by Shri Sen but takes in promotion of such feelings on other grounds as well such as race, place of birth, residence, language, caste or community. In the present case we have to consider the question whether the two articles promote on grounds of religion or community, feelings of enmity, hatred or ill-will between different religious groups or communities.