LAWS(ALL)-2005-3-156

VIJAY SINGH Vs. STATE OF U P

Decided On March 16, 2005
VIJAY SINGH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the papers.

(2.) The allegation against the applicant were that on 26.1.2005 he was putting up a banner in front of a statute of Ambedkar on which slogans were written like Baba Saheb Amedkar Amar Rahen, Ambedkar Pradesh Zindabad, Pak Rashtrapati Mohd; Ali Jinnah Amar Rahen, Desh Ka Loktantra Murdabad. The banner was issued in the name of another person, Amit Kumar Jatav, styled as purva-pratyashi,, Lok Sabha. The applicant is also alleged to have shouted the aforesaid slogans and he had pamphlets which he was distributing and in this manner the integrity of the nation was said to have been prejudicially affected and the applicant was taken into custody. The applicant was also carrying green flag which had moon and stars on its right corner and in his other hand he had pamphlets stating that by not making Shere-Hind Jinnah Saheb the prime minister, the country was divided and Pakistan was given and munuwadis treated the dalits as slaves and some other slogans for making Ambedkar Pradesh and making it part of the Pakistan etc. were also recited.

(3.) It is contended that the allegations against the applicant of ranting appears to be an act of a frustrated man and it cannot be said that if a person raises a slogan that if Jinnah had been the prime minister of India at the time of Independence, then the partition of the country could have been averted. It is urged that this could not be definitely said that the applicant was interested in dissolution of the country. The offence under section 153B, IPC is only punishable upto 3 years.