V VENGAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) All these petitioners have been convicted cinder Section 7 (1) (a) and (b), Criminal Law Amendment Act, 1932, by the learned Third and Seventh Presidency Magistrates. They have all been tried in pairs and sentenced to six months' rigorous imprisonment, except petitioners in Cri. B. O. Nos. 442 and 489 of 1951 who have been sentenced to three months' rigorous imprisonment, The case against them is that on dates between 10th March 1951 and 4th April 1961 they went in pairs near the shop of Kishinchand Chellaram in Mount Road with placards and black flags and sought to dissuade intending customers from purchasing in this North Indian shop,

(2.) On the first of these petitions filed cri. R. O. nO. 442 of 1951, I directed tbe release of the petitioners on bail. Then on a batch of petitions filed Cri, R. C. NOS. 484, 485, 487 and 488 to 193 of 1951 instead of granting bail I directed the production of the petitioners in this Court from-the Penitentiary. The learned Magistrate as-would appear from his judgments was quite prepared to deal leniently with them but in view of their insistence that they would report the offence if released after admonition thought it fit to-pass the sentences he did.

(3.) These petitioners all come from Tanjore-district and were admittedly brought to Madras by lorry by picketting committee of a political organization known as the Dravida Kazhagam. Some of them said they were cultivators of Tanjore who were anxious to return to their district. I directed their release on the day they were produced, i, e, 5th June 1951 holding that in any case they had been sufficiently punished by the sentences they had undergone pending a finding on the constitutional contentions raised that petitioners were acting within the scope of their fundamental right of freedom of speech and expression under Article 19(1)(a) of the Constitution and that they had committed no offence at all. It is conceded that they went in pairs with placards and flags in front of Kishinchand Chel-laram's shop and attempted peacefully to dissuade by mere speech persons from buying in thia North Indian shop. Mr. Bamchandran and Mr. Venkataraman who appeared for the petitioners and made contributions to the arguments contended further that Section 7, Criminal Law Amendment Act, 1932 has been rendered ultra vires as being in breach of this fundamental right under Article 19(1)(a). Arguments could not be finished on the date these petitioners were produced before me, and I directed their release with advice to-them to return to Tanjore and occupy themselves in the production of more food, agricultural labourers as most of them claimed to be. There can be no doubt that the altitude they took before the Magistrate was the result of in structions from their political organization on legal advice that what they were doing was within the scope of their fundamental rights under the Constitution,