STATE OF M P Vs. MUSTAQ HUSSAIN AZAD

JUDGEMENT

(1.) IN Criminal Case No. 3063 of 1964 on the file of the Magistrate, First Class, durg, the three respondents in Criminal Appeal No. 410 of 1964, along with the petitioner T. L. Shrinivasan in Criminal Revision No. 360 of 1964, were, on the basis of their own pleas of guilty convicted of offences under Sections 19 (5) and 20 (4) of the Madhya Pradesh Public Security Act, 1959. Out of the convicted persons, the three respondents in Criminal Appeal No. 410 of 1964 filed an appeal against their conviction and sentence, which was allowed by Shri O. R. Siddiqui. Ist Additional Sessions Judge, Durg. The learned Judge, while allowing the appeal preferred by these persons, made certain observations in his judgment against certain officials of the Bhilai Steel Project, whose names had been mentioned in the affidavits filed before the learned Judge. These officers have filed petitions (Miscellaneous Criminal Cases nos. 250 to 256 of 1964) under Section 561-A of the Code of Criminal Procedure praying that the remarks made by the appellate Court in paragraph 16 of its judgment be ordered to be expunged from the record. The petitioner T. L. Shrinivasan, who had not filed any appeal against the order of conviction and sentence, has come up in revision before this Court (Criminal Revision No. 360 of 1964 ). This judgment shall govern the disposal of all these cases.

(2.) WE shall take up first the appeal preferred by the State against the order of acquittal passed by the appellate Court in favour of Mustaq Azad, Chandra Mohan singh and Jagdish Kumar Gulati. All these persons as well as T. L. Shrinivasan, were admittedly working as Technical Assistants in the Bhilai Steel Project during the relevant period. It was alleged in the challan that on the morning of the 13th of April 1964, Coke Oven Battery No. 4 in the Bhilai Steel Project was to be inaugurated by Hon'ble Shri Subramaniam, Minister of Steel and Heavy engineering, Government of India. While, the function was being held in the Coke oven area, which is a protected area, the respondents, along with others, assembled there in order to make some representation to the Hon'ble Minister. The said accused persons staged a demonstration while speeches were being delivered by the Hon'ble Minister and the officials of the Bhilai Steel Project with a view to cause disturbance in the function.

(3.) ALL the four accused admitted their guilt, and stated that they had taken part in the collective demonstration made on that occasion. The learned Magistrate treated this statement as a plea of guilty, and convicted each of the accused on its basis under Sections 19 (5) and 20 (4) of the Madhya Pradesh Public Security Act.