EMPEROR Vs. SADANAND

JUDGEMENT

(1.) In this case the accused was charged with having, on November 9, 1930, edited, printed and published articles entitled "Helping Outlaws" and "Cease the Trade" in his paper the Free Press Journal and thereby assisted the War Council of the Bombay Provincial Congress Committee in its operations and thereby committed an offence punishable under Section 17(1) of the Indian Criminal Law Amendment Act, 1908. The accused was convicted in respect of the first article entitled "Helping Outlaws", which is Exhibit A1 in the case, and from that conviction he appeals, and the Crown has applied for enhancement of the sentence passed. He was acquitted in respect of the other article entitled "Cease the Trade", which is Ex, A2, and from that acquittal the Government appeal.

(2.) Upon the first appeal the prosecution have to prove, I think, three things. First of all, that the War Council, which is the association alleged to be unlawful and alleged to have been assisted, is in fact an unlawful association. The second thing to prove is that one of the activities of the unlawful association consists in publishing the Congress Bulletin, and the third thing is that the publication of the article A1 in the accused's paper, the Free Press Journal, assisted the operations of the unlawful association.

(3.) With regard to the first point, it is admitted that the War Council is an unlawful association. With regard to the second point, whether one of the activities of the War Council consisted in publishing the Congress Bulletin, the evidence stands in this way.