KALI RAM Vs. STATE

JUDGEMENT

(1.) KALI Ram petnr. was convicted by a Mag. Ambala under Section 21, Punjab Public Safety Act, 1947, and sentenced to a fine of Rs. 200 or in default two months' simple imprisonment. His appeal was dismissed by the Addl. Ses. J.

(2.) THE prosecution case was that in June 1947 at a time when Chaudhari Raghbir Singh (P. W. 6), who was then a Naib Tehsildar, but was under consideration for appointment as an E. A. C. the anonymous letter Ex. P. A. purporting to be from "a responsible Govt. officer" was sent to the D. C. Ambala. This letter contains several extremely scandalous allegations regarding Chaudhri Raghbir Singh and his family and it is alleged to have been sent by Kali Ram petnr. who comes from the same village and belongs to the same sub-caste as Chaudhri Raghbir Singh, and is apparently an enemy of his. The evidence that the letter in question is in the handwriting of Kali Ram appears to be overwhelming, but he has denied having sent it. I agree with the Cts. below, however, in holding that the authorship of the letter is proved beyond reasonable doubt, and there is also no doubt that the allegations contained in the letter are highly defamatory. [3] The point was raised in the lower appellate Ct. that the petnr. could not be convicted under the Punjab Public Safety Act of 1947 in February 1950 after the Act in question has been repealed and superseded by the East Punjab Public Safety Act of 1949, in which no corresponding offence has been made punishable. There is however, no force is this argument; and it is dear that unless the repealing Act contains express provisions on the point a person can be convicted of an offence against the repealed Act committed while that Act was in force. It does, however, seem to me that there is some doubt whether the facts justify the conviction of the petnr. under Section 21 of Act of 1947. The Punjab Public Safety Act was obviously brought into force in 1947 to deal with more or less a state of emergency. It contained provisions for preventive detention, the declaration of places as dangerously disturbed areas, and short cuts in the procedure for criminal trials considered suitable and necessary to deal with such an emergency. Section 21 of the Act is summarised in the margin as "dissemination of rumours, etc. " and it reads: