KALI NATH ROY Vs. KING-EMPEROR

JUDGEMENT

(1.) The appellant was convicted on the 28th May, 1919, by a Court of Commissioners sitting at Lahore under Ordinance I of 1919, and having the powers of a summary court-martial, of an offence under Section 124 A of the Indian Penal Code, i.e., of haying by written words excited or attemped to excite disaffection towards His Majesty or the Government established by law in British India, and was sentenced to two years rigorous imprisonment-afterwards reduced to three months simple imprisonment-and to a fine of Rs. 1,000. Special leave to appeal was granted by His Majesty in Council on the 18th August, 1919.

(2.) The facts are shortly as follows:-In March and April, 1919. there was unrest in the Punjab. Serious disturbances occurred at Delhi on the 30th March, when some persons were killed; and these disturbances were followed by disorder and violence at Amritsar and Lahore and elsewhere in the Punjab. The disturbances at Lahore occurred on the 6th, 10th, 11th and 12th April, the evidence showing that on the 11th April, Lahore city was "practically closed to the police." The appellant Boy was the editor of the " Tribune", a daily newspaper published at Lahore, and on the 6th, 8fch, 9th, 10th and 11th April, he published in that newspaper paragraphs and articles comment on the deaths at Delhi (the persons killed there being repeatedly Core, described as "martyrs") and charging the Government with grave misconduct in connection with the disturbances. It was stated in the issue of the 10th April that the "atmosphere was highly surcharged" and the "public mind in a state of unusual excitement."

(3.) On the 6th May the appellant was charged, in consequence of these paragraphs and articles, with the offence above described, and also with an offence under Rule 25 of the Defence of India Rules; and on the 28th May judgment was delivered convicting him of the offence under Section 124A of the Indian Penal Code and pronouncing sentence as above. The charge under Rule 25 was not proceeded with.