STATE Vs. GIANI RAM SINGH

JUDGEMENT

(1.) This is an appeal brought by the State against an order of acquittal made by Sessions Judge Tek Chand Sethi dated 10/11/1951.

(2.) The respondent Giani Ram Singh printed and published a book called 'Nehkalank Chandar Ude Bhag Tija' in 1949, and in the complaint which was filed by the District Magistrate of Amritsar on 5-6-1950, it is stated that 1000 copies of this book were published and that there were words and passages which fall within the mischief of Ss. 153-A and 295-A, Penal Code. In para. G of this petition it is stated: "6 That the petitioner has been ordered by the Punjab Government vide Letter No. 4085-PE-50/111-1356 dated 5-5-1950 (Copy attached) to initiate proceedings against the said accused." In support of the prosecution nine witnesses were produced by the prosecution and the accused was convicted under Section 295-A, Penal Code by Mr. Gurbaksh Singh Chatrath, Magistrate 1st Class with Section 30 powers, and was given one year's rigorous imprisonment. An appeal was taken to the Sessions Judge, who allowed additional evidence to be taken on the question of sanction of the Government, but relying on Full Bench judgment of the Madras High Court in -- 'F. Varadarajulu Naidu v. Emperor', AIR 1920 Mad 928 (A) he held that the sanction was bad and also went into the merits of the case and held that as there was no evidence to show that any of the passages were offensive, allowed the appeal and set aside the order of conviction, and the State has come up in appeal to this Court.

(3.) In the complaint no doubt the particulars of the letter which was received by the District, Magistrate are given, but only a copy of this letter was placed on the record which is marked Ex. P. A. and is in the following terms: "I am directed to draw your attention to the enclosed translation of objectionable passages from the booklet and to say that it contains words which promote or attempt to promote feelings of enmity of hatred between, and in suit or attempt to insult the religion or religious beliefs of. different classes of Indian citizens. I am therefore to request that proceedings may be initiated against x x x x under Ss. 153-A and 295-A of the Indian Penal Code (Act 45 of 1860) and the result thereofmay be reported to Government in due course." Copy of this letter with enclosures in original were sent to the Senior Superintendent of Police, Amritsar, by the District Magistrate and the Senior Superintendent of Police sent it on for compliance to the Inspector City. This letter does not show that the complaint was to be made by the order of or under the authority of the provincial Government or some officer empowered by the Provincial Government in that behalf. All that it shows in that the Chief Secretary of the Punjab Government drew the attention of the District Magistrate to the objectionable passages and requested him that proceedings may be taken against the respondent. There is no indication in this letter that the matter was considered by the Government or that the Government at any stage authorised the institution of the proceedings and what was placed before the Court was a copy of this letter.