PUBLIC PROSECUTOR Vs. K G SIVASWAMY

JUDGEMENT

(1.) The workmen employed in the mills in Koilpatti appear to be split into warring factions that have scant regard to law or the public peace. The Blackshirts also seem to have been adding in their own way to the difficulties of local officials. On 31-12-1950 the Assistant Superintendent of Police, Sankarankoil, wrote to the Assistant Collector, Tuticorin, (he is the Executive Sub Divisional Magistrate of the area) giving a resume of the situation from 1948. He remarked :

(2.) Sometime in February --the date does not appear in the document before me - the Assistant Collector, Tuticorin, replied to the Assistant Superintendent as follows:

(3.) At about 7-30 p. m. on 19-3-1951 two persons named Sivasamy and Ponniah, who are said to be members of the Socialist Party, convened a meeting in Gandhi Maidan, Koilpatti, without applying for and obtaining a licence from the Assistant Superintendent of Police, Sankarankoil, to hold their meeting. Ponniah addressed the gathering introducing Sivaswami to the audience and Sivasami addressed them. The Circle Inspector of Police, Koilpatti, went to the meeting and informed both the accused of the ban that had been imposed on the meeting and asked them not to proceed with it. Sivasami took the line that the prohibitory order was illegal and tried to go on with the meeting. Thereupon the Inspector arrested both Sivasami and Ponniah & subsequently laid a charge-sheet against them under Section 32, Police Act. The Sub-Magistrate, Koilpatti, acquitted both the accused holding: