KARTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal with special leave involves the interpretation of section 9 of the Punjab Security of the State Act, 1953 (Punjab Act XII of 1953), hereinafter called "the Act".

(2.) The appellants were members of the Amritsar District Motor Union which took out a procession on 23rd March, 1954 to protest against the policy of the Punjab Government to nationalise motor transport. The procession started from Gal Park and was taken on lorries and jeeps. It stopped near Chitra Talkies and then started on foot. When it reached near Prabhat Studio, the appellants raised slogans "Jaggu mama hai hai (Jaggu maternal uncle be dead)" and "Khachar Khota hai hai (mule-cum-donkey be dead)". The first slogan was alleged to have been directed against the Hon'ble Shri Jagat Narain, Transport Minister, Punjab State and the second slogan against the Hon'ble Shri Bhim Sachar, Chief Minister, Punjab State. The uttering of these slogans was considered objectionable and the appellants were charged in the Court of the Magistrate, First Class Amritsar:

(3.) The appellants pleaded not guilty and claimed to be tried. They also led evidence in defence. The learned Magistrate however, disbelieved the defence and accepting the prosecution evidence, found that the appellants did raise these slogans. In the opinion of the learned Magistrate, the slogans were in fact abuses hurled at the Transport Minister and the Chief Minister of the Punjab Government which besides indecent amounted to defamation and were prejudicial to the maintenance of public order.