(1.) This is an appeal from a judgment of the Sessions Judge, Basti, convicting the appellant under Sec. 124 -A, I.P.C., and sentencing him to imprisonment for three years. On 29 -5 -1954, he delivered a speech to an audience of about 200 persons, mostly villagers. The gist of his speech was this :
(2.) THE appellant admitted having made the speech but denied some of the words. He also challenged the constitutionality of Section 124 -A, I.P.C., pleading that its provisions have become void under Art. 13 of the Constitution. The learned Sessions Judge found that the speech was made by the appellant and that Section 124 -A imposes reasonable restrictions on the freedom of speech in the interests of public order and security of the State. Accordingly he convicted the appellant.
(3.) THE effect of the provisions of Arts. 13 and 19(1)(a) and (2) is that all the laws in force on 25 -1 -1950, which were inconsistent with the freedom of speech and expression are vaid, except those which imposed reasonable restrictions on the exercise of the freedom in the interests of the security of the State, public order etc. Section 124 -A, I.P.C., punishes any person who by words, spoken or written, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law.
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