PABDUL SATTAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) On 16-8-1957, there were under the aegis of the Government country-wide celebrations of the centenary of a historic event which happened in 1857, formerly called the Sepoy Mutiny, now thought of as India's first war of Independence against foreign, domination.

(2.) In the municipal town of Hospet in Bellary District, the celebrations were organised by a committee formed for the purpose under the chairmanship of the local Tahsildar, A. M. Kotriah P. W. 9. Among the items in the programme of celebrations was a procession of Mahatma Gandhi's photo and Indian National Flag mounted on a double-bullock cart, scheduled to start from the Municipal Office, go round the town along a specified route and to terminate in a public meeting under the presidency of Murari Venkataswamy P. W. 3, one of the leading citizens of the place. Though it was originally proposed to start at 2.30 p. m., it had to be postponed owing to heavy rains. Actually, it started at about 5.30 p. m. Along the route marked out for the procession and not very far away from the Municipal Office, there is a mosque called the Dargah mosque. When the procession came near the precincts of the mosque, its further progress was sought to be barred by a number of Muslims who had strong objection to any procession passing in front of the mosque accompanied with music. This procession was accompanied with music consisting of nagaswaram, drums, thappates, etc. Though attempts appear to have been made to dissuade the obstructionists from acting in the manner they did, all such attempts proved unsuccessful. Stones, brick-bats and soda-water bottles were flung at the processionists in an attempt to obstruct or disperse the procession and to prevent its taking its normal course as originally scheduled. Some persons in the procession including Government officials and Police officers received injuries. The disturbance continued until two police officers who were accompanying the procession, viz., P. W. 1 Viswpswnriah, the Sub Inspector of Police, and P. W. 44 Siddiah, the Circle Inspector of Police, opened fire with the revolvers in their hands. Thereupon, the miscreants ran away and the procession proceeded on its journey.

(3.) In connection with this disturbance, 47 Muslims were tried by the learned Sessions Judge of Bellary Division in Sessions Case No. 9 of 1938 on his file for various offences, viz., those punishable under Sections 143. 147, 148, 149, 341, 332, 307, 114 and 34 of the Indian Penal Code. 44 witnesses were examined for the prosecution, and 15 for dc-force. After trial, the learned Sessions Judge ac-quitted Abu Syed, S. G. M. Pasha, B. Khaja Moheedin Saheb, Katigi Imam Saheb, C. Hussain Saheb. Shaik Honnur Saheb and Bommagatti Nabi Saheb who were respectively accused Nos. 20, 21, 22, 23, 32, 35 and 43, of all the charges. He convicted the rest of the 40 accused of the offence of rioting armed with deadly weapons punishable under Section 148 of the Indian Penal Code and sentenced each of them to two years' rigorous imprisonment. He convicted accused Nos. 1, 2, 3, 4, 5, 7, 37, 38 and 40 individually for the offence of causing wrongful restraint punishable under Section 341 of the Indian Penal Code, and sentenced each of them to undergo rigorous imprisonment for one month and to pay a fine of Rs. 500/- with a default sentence of one month's rigorous imprisonment. The remaining 31 accused were convicted of the same offence by virtue of their membership of the unlawful assembly, reading Section 341 with Section 149 of the Indian Penal Code, and each of them was sentenced to undergo rigorous imprisonment for one month and to pay a fine of Rs. 300/-. with a default sentence of three weeks' rigorous imprisonment. The learned Sessions Judge also directed all the sentences to run concurrently. These 40 accused persons so convicted under two heads were acquitted of the rest of the charges levelled against them.