RAJ NARAIN Vs. STATE

JUDGEMENT

(1.) This is a petition filed by Sri Raj Narain, who is a member of the Legislative Assembly of Uttar Pradesh under Article 228 of the Constitution of India. Sri Raj Narain is being prosecuted under Section 117 I. P. C. and Section 7 of the Criminal Law Amendment Act, 1932, in the: Court of a Judicial Magistrate at Lucknow. The charge has already been framed in this case and subsequent to the framing of the charge an application on behalf of the petitioner was presented before the Magistrate under Section 432 (1) Gr. P. C. Praying that the case be referred for decision to the High Court. The Magistrate by his order dated the 17th of June, 1960, rejected the prayer as in his opinion sufficient grounds were not made out to make this reference. The petitioner then came before the High Court under Article 228 of the Constitution of India. As the question raised in this petition was a substantial question of law as to the interpretation of the Constitution and the determination of which was necessary for the disposal of the case, it was withdrawn and the matter came before us.

(2.) The question of law raised in this case is that Section 7 of the Criminal Law Amendment Act, 1932 is ultra vires of the Constitution and the proceedings pending against the petitioner were illegal. Before deciding this question we may briefly mention the acts alleged against the Petitioner which are the subject-matter of this prosecution.

(3.) The prosecution case is that the petitioner is one of the leaders of the Socialist Party and be distributed about a thousand Printed Pamphlets which bore his signatures inciting the members of his party to do certain acts. From the order of the Magistrate it appears that these acts consisted of a large number of activities. We may cite an extract from the order of the Magistrate which would give an "idea of the acts for which an incitement was given in these Pamphlets. The extract runs as follows:-