STATE OF BIHAR Vs. GHULAM SARWAR

JUDGEMENT

(1.) The State Government has preferred this appeal against the order of the learned Additional Sessions Judge of Patna, who has set aside the order of the learned Judicial Magistrate of Patna, convicting the two respondents under Section J53A, Indian Penal Code, and sentencing them to pay a fine of Rs. 200/- or to suffer rigorous imprisonment for two mouths each, in default. The first respondent is the Editor and the second respondent is the Printer and Publisher of a weekly Urdu newspaper called 'Sangam' published in Patna town.

(2.) It appears that in the said newspaper, an editorial article captioned "Khoda Khair" was published on the 9th May 1959. Upon a consideration of the said article, the State Government thought that it promoted or attempted to promote feelings of enmity or hatred between the Hindus and the Muslims, and as such its publication constituted an offence punishable under Section 153A of the Indian Penal Code. Accordingly, an order was passed on the 13th June 1959 authorising the Senior Superintendent of Police, Patna, to file a complaint for the prosecution of the two respondents.' In pursuance of this order, the Senior Superintendent of Police, Patna, filed a complaint before the Subdivisional Magistrate on the 17th June, 1959, whereupon cognizance was taken and the respondents were put on trial.

(3.) Upon a consideration of the offending article and the circumstances under which the respondents had published it, the learned Judicial Magistrate came to the conclusion that the respondents had attempted to promote feelings of hatred or enmity between the Hindus and the Muslims by publishing the same.