- (1.)THESE are 21 applicants who have been convicted Under Section 188, Penal Code and Section 17 (1), Criminal Law Amendment Act, some of whom were sentenced to four months' rigorous imprisonment Under Section 17 (1), Criminal Law Amendment Act and a fine of Es. 50 Under Section 188, Penal Code, while the rest have been sentenced to pay Rs. 50 fine Under Section 17 (1), Criminal Law Amendment Act and to a further fine of RS. 10 Under Section 188, Penal Code.
(2.)THE facta are admitted. The Provincial Government declared the organisation called the Rashtriya Swayam Bewak Sangh (shortly R. S. S.) as an unlawful body under Section 16/16, Criminal Law Amendment Act, The members of the sangh tried for a time to get the ban lifted but thereafter they decided to resume the activities and to offer satyagraha. The satyagraha appears to have been peaceful and an intimation was sent in advance to the District Magistrate, Akola. These applicants along with some others assembled on the Eamdaa Peth play ground at Akola at about 5-30 P. M. Previous to this an order had been promulgated by the Additional District Magistrate Under Section 144, Criminal P. C. banning meeting of more than 5 persons.
(3.)THE persons assembled gave the salute and a prayer and a speech followed Five of the assembled persons were arrested under the C. P and Berar Public Safety Act. These 21 were arrested without warrants and were tried as above and convicted and sentenced. All the applicants except one (Narayan Venkatesh Kale) admitted their presence and participation. Some admitted that they had gone to revive the activities of the Singh. Some stated that the old organisation wag disbanded and this was a new organisation. Some stated that the ban was ultra vires and as regards the order Under Section 144, Criminal P. C. , some of the applicants said that they did not know of it, others that they had nothing to say and one (G. D. Chiplunkar) said that it applied only to the Mill area.