JAGDEV SINGH TALWANDI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SHRI Jagdev Singh Talwandi petitioner has invoked the inherent jurisdiction of this Court under section 482, Criminal Procedure Code, for quashing the F.I.R. No. 295, dated 27th September, 1983, registered with Police Station Kotwali, Amritsar, for the offences under sections 124-A, Indian Penal Code, 13 of the Unlawful Activities (Prevention) Act, 1967, and 9 of the Punjab Security of the State Act.

(2.) THE aforesaid F.I.R. was lodged on the basis of a speech allegedly made by Shri Jagdev Singh Twlwandi petitioner in a conference of the All India Sikh Students Federation held in Dewan Hall, Manji Sahib, Amritsar, on 20th September, 1983, before the audience of 7000/8000. The alleged utterance of Shri Talwandi in the said conference, when rendered in English reads as under :-

(3.) IN judging the validity of a detention order, the Court cannot apply an objective test and say that objectively judged the detaining authority could not have subjectively reached the given conclusion, while in considering as to whether given facts constitute the given offence, the Court could objectively analyse the facts, and where mens rea forms the necessary ingredient of given offence, judge whether the guilty intent animated the given act or not.