MAHIPAT RAMJAS Vs. STATE

JUDGEMENT

(1.) THESE are two connected petitions of revision and may be disposed of by one judgment. In Criminal Revision No. 762 of 1957, the petitioner Mahipat has been prosecuted under Section 9 of the Punjab Security of State Act, No. 12 of 1953, for making an objectionable speech in village Ellenahad on 10-2-1956. He is said to be a worker of Socialist Party and was addressing a public meeting organised by the Socialists. The objectionable words uttered in Urdu, which are the subject matter of the charge, may be translated as under :

(2.) THE accused denied having made the above speech, but Shri Rule N. Mahna, magistrate, on consideration of the prosecution evidence, came to the conclusion that the speech containing the above words was made by him. The Magistrate was of the view that this utterance was within the mischief of Section 9 of the Act and finding him guilty, he sentenced him to nine months' rigorous imprisonment. The additional Sessions, Judge, Hissar, agreed with the view of the Magistrate and maintained the conviction as well as the sentence.

(3.) THE facts of the case from which Criminal Revision No. 763 of 1957 has arisen, are, that while the case under Section 9 of the Punjab Security of State Act, 1953, was pending in the Court of Shri G. L. Nagpal, Magistrate First Class, Sirsa, the accused was being taken on 15-3-1956, from the judicial lock-up, Sirsa, to the court-room of Shri Nagpal. It was about noon and while Shri Nagpal was busy doing judicial work in his Court, the accused raised objectionable slogans within the hearing of the Magistrate. These slogans were "goonda Nagpal Magistrate ki goonda gardi nahin chalegi. Ise jail ki kothri men band kar do. "