KRIPAL SINGH Vs. EMPEROR

JUDGEMENT

(1.) This is an application on behalf of one Mohunt Kripal Singh who has been convicted under Section 62-A of the Calcutta Police Act and fined Re. 1, and whose kirpan has been ordered to be confiscated by the Second Presidency Magistrate of Calcutta.

(2.) It appears that, on the 27 April 1923, the applicant was arrested by the police on the allegation that he was carrying a sword without any license or permission from the Commissioner of Police, Calcutta. The applicant protested that he was carrying a kirpan which, according to him, was a part of the religious creed of every member of the Sikh community. On the 2 May, 1923 the applicant was convicted as mentioned above.

(3.) On behalf of the applicant it has been contended before us that the learned Magistrate has entirely ignored the fact that carrying a kirpan is part of the religious obligation of every member of the Sikh community, and that any notification issued under any Act, interfering with the religious beliefs and practices of a sect or community, is ultra vires by reason of the Proclamation of Her late Gracious Majesty Queen Victoria made in 1858.