GURDIAL SINGH JAGAT SINGH Vs. STATE

JUDGEMENT

(1.) BY this petition under Section 439 of the Code of Criminal Procedure the petitioner challenges the validity of the Punjab Gram Panchayat Act, 1953.

(2.) ONE Gurdiai Singh was convicted by a Panchayat under Section 426 of the Penal Code and sentenced to pay a fine of Rs. 40/- only. The convict is dissatisfied with the order and has come to this Court in revision.

(3.) THE validity of the Gram Panchayat Act has been challenged on three grounds. It is stated in the first place that the accused petitioner was not allowed to he defended by a counsel of his own choice. This objection has been answered by their Lordships of the Supreme Court in State of punjab V. Ajaib Singh, AIR 1053 SC 10 (A) in which it was held that the language of Article 22 (1) and (2) indicates that the fundamental right conferred by it gives protection against such arrests as are affected otherwise than under a warrant issued by a Court on the allegation or accusation that the arrested person has, or is suspected to have committed, or is about or likely to commit an act of a criminal or quasi-criminal nature or some activity prejudicial to the public or the State interest. In other words, there is indication in the language of Article 22 that it was designed to give protection against the act of the executive or other non-judicial authority.