GHULAM RASOOL CHOARI Vs. STATE

JUDGEMENT

(1.) CR. A. No. 2791 of 1963 has been filed by Ghulam Rasool against his conviction under Sections 124-A and 505 I. P. C. and sentences of 6 months' R. I. and three months' R. I. under the two counts respectively. The learned Sessions Judge, Agra, has ordered the sentences to run concurrently. The connected Cr. R No. 351 of 1964 by the State of U. P. is directed against the same judgment praying for enhancement of the sentences awarded against Ghulam Rasool. Since the appeal and the revision are directed against the same judgment, we propose to dispose them off by a common judgment.

(2.) GHULAM Rasool was admittedly the Editor, Printer and Publisher of an Urdu Weekly "ehsas" having its office at Agra. According to the prosecution case, this paper is widely circulated in Agra, Ferozabad, Mainpuri, Shikohabad and Etawah. In the issue of Ehsas dated the 26th June, 1962 Ghulam Rasool (hereinafter referred to as the appellant) printed and published an editorial article under the caption

(3.) ON the publication of the abovementioned article, P. W. 1 Sher Pal Singh, Head Constable of the Local Intelligence Unit came to know of the abovementioned objectionable article on the 27th June, 19b2. He made an entry in this regard in the information register. On this report, Sri R. S. Misra, Inspector Incharge, ordered the Senior Sub-Inspector Sri R. N. Bhot Rai to look into the matter. Sri R. N. Bhot Rai, who was examined as P. W. 2, obtained a copy of the Ehsas weekly dated the 26th June, 1962 and informed the S. S. P. and the District Magistrate through his confidential report dated the 30th June, 1962. In a supplementary issue of Ehsas, the appellant published his explanation about the article in question and this issue was also sent to the District Magistrate of Agra, P. W. 4 Sri G. S. Sial. Sri Sial wrote to the Government for the prosecution of the printer and publisher of the Ehsas weekly. The Government of Uttar Pradesh accorded the sanction for the prosecution of the appellant under Section 124-A of the Indian Penal Code. Sri Sial also accorded sanction for the prosecution of the appellant under Section 505 I. P. C. in pursuance of these sanctions. Sri R. N. Bhot Rai, Senior Sub-Inspector, Local Intelligence Unit, Agra, filed a complaint which led to the prosecution and conviction of the appellant.