RAMESH CHANDRA NIGAM Vs. STATE

JUDGEMENT

(1.) This criminal revision is directed against the order of the Additional District Magistrate, Lucknow. The applicant Eamesh Chandra Nigam was prosecuted for an offence under Section 17 (1), Criminal Law Amendment Act (Act XIV [14] of 1908) for assisting the operations of the Rash-triya Swayam Sewak Sangh, which was declared an unlawful association by the Provincial Government under S, 16 of that enactment.

(2.) At the search of the house of the applicant which took place on 15-12-1918 by the police, a cyclostyle duplicator and a file containing literature meant for transmission as daily bulletins to various newspapers were recovered. The applicant is a sub-editor of a news agency called ''Hindustan Samachar". He admitted that the duplicator was in his use and that he sent the news bulletins to newspapers for publication but denied, that he thereby in any manner assisted the aforesaid unlawful association. The learned Magistrate in convicting the applicant of the offence under Section 17 (1), Criminal Law Amendment Act relied upon the contents of the recorded documents. According to his reading they indulged in high praise of the Rashtriya Swayam Sewak Sangh and denounced the stand taken by the Government. He took the view that inasmuch as the literature was meant to glorify the unlawful movement by circulating it, the applicant must be deemed to have assisted in the operations of the Sangh within the meaning of Section 17(1) of the Act. Ramesh Chandra Nigam was, therefore, convicted and sentenced to undergo two months' rigorous imprisonment. The order was upheld by the Civil and Sessions Judge, Lucknow, in appeal and the accused has come up to this Court in revision. I understand that he has already served out his sentence.

(3.) Section 17 (1) prescribes that: