WAMAN SADASHIV KULKARNI Vs. STATE

JUDGEMENT

(1.) THE facts leading to this criminal revision are as follows: On 9th December 1948, some forty-one people belonging to R. S. S. led a procession. One of the arrested man was Waman Kuikarni, the present applicant. They were challaned under Notification No. 2fi dated 20th October 1930, which required previous per- mission of Inspector-General of Police before taking out a procession. Second count was contravention of Section 17, Criminal Law Amendment Act and s. 188, Penal code. The accused applicant was convicted Under Section 17 (1), Criminal Law Amendment Act and for contravention of Notification No. 25, dated 20th October 1930, and sentenced to 6 months rigorous imprisonment and fine of Hs. 75 on each counts and in default of fine 6 weeks further period of simple imprisonment the sentences to run concurrently. The conviction and sentence was passed by the District Magistrate, City Indore. The appeal preferred by Kuikarni to the Court of Sessions Judge, Indore, was rejected. Hence this revision.

(2.) MR. Samvatsar, learned pleader for the applicant argued that on 9th December 1948 when the procession was taken out by R. S. S. people, no offence was committed and no retrospective effect can be given to Madhya Bharat Regulation Act, Samvat 2005, which received the assent of Rajpramukh on 13th December 1948.

(3.) BEFORE this, on 3rd June 1948, the Rajpramukh of Madhya Bharat had promulgated Ordinance to provide for peace and good Government of the State of Madhya Bharat. According to 3. 3 of the Ordinance, when the administration of any covenanting state has been taken over by the Rajpramukh as aforesaid. . . . . all laws, Ordinances, Acts, Rules, Regulations etc. . having the force of law in the said state shall continue to remain in force until repealed or amended and shall be construed as if references in them to the Rulers of the State were references to the Rajpramukh or Government of United State. No doubt this Ordinance was passed with the object that the laws etc. , prevailing in Covenant-ing States should not be unsettled. Mr. Samvatsar urged that the life of an Ordinance is 6 months and that it expired on midnight of 2nd December 1948?thereafter no fresh Ordinance was issued but on 13th December 1948, the Regulation Act no. 1 of 1948 of United State of Gwalior, Indore and Malwa was published. It received the assent of Rajpramukh on 13th December 1948. However B. 3 of the Act stated that it shall be deemed to have come into force from 3rd December 1948,