BENI BHUSHAN ROY Vs. EMPEROR

JUDGEMENT

(1.) The petitioner has been bound down under Section 108 of the Criminal P. C. in the sum of rupees five thousand, with two sureties each in like sum, to be of good behaviour for one year.

(2.) The charges against, the petitioner are contained in the notice issued under Section 108 of the Criminal P. C., which is this:--"Whereas from the police report it has been made to appear before me that you, Beni Bhushau Roy, on Saturday, the 25 May, read out a written speech as President of the Reception Committee of a meeting held at the Hindu Dharma-Sabha within the Khulna town on the aforesaid date, in the course of which you referred to the present year as being very auspicious for the inauguration of the meeting, as it was the fiftieth anniverary of the Indian Mutiny, when there was an attempt of the natives of India to regain their country which was almost successful, and you incited the members of the meeting to exert themselves to secure an independent government and you, the said Beni Bhushan Roy, thereby disseminated seditious matters, the publication of which is punishable under Section 124A, you are hereby required to show cause, on or before the 30 June 1907, why you should not be ordered to execute a bond for five thousand rupees with two sureties each in like sum for good behaviour for one year, under Section 108 of the Code of Criminal Procedure."

(3.) Evidence was gone into on the question as to what were the exact words of the speech of the petitioner which would bring the case within the words considered to be seditious and referred to in the notice.