KALI CHARAN SHARMA Vs. KING-EMPEROR

JUDGEMENT

(1.) This is an application by Pandit Kali Charan Sharma, author of a Hindi book entitled "Vichitra Jiwan" He was convicted by the District Magistrate of Agra of an offence under Section 153-A, I.P.C., and his appeal was dismissed by the Sessions Judge Agra. The sentence imposed on him is of one year's rigorous imprisonment and a fine of Rs. 1,000, or six months further rigorous imprisonment in default. The ground of revision is that the District Magistrate shut out cross-examination of prosecution witnesses and the production of defence witnesses, and therefore the trial being in contravention of the mandatory provisions of Section 251, Criminal P. C., was void, and the conviction passed on such a trial untenable.

(2.) It so happened that after the evidence of twenty prosecution witnesses had been recorded in September 1926, the local Government prescribed the book under Section 99-A, Criminal P. C., on the 27 October 1926. The notification ran as follows: In exercise of the powers conferred by Section 99-A, Criminal P. C., (No. 5 of 1898), as amended by Act No. 36 of 1926, the Governor in Council hereby declares to be forfeited to His Majesty all copies wherever found of the book in Hindi, or of its translation, entitled "Vichitra Jiwan" written by Pandit Kali Charan Sharma and published by Prem Pustakalaya, Phulatti Bazar, Agra, and all other copies or editions of, or extracts from, the same book wherever printed, inasmuch as the said book in the opinion of the local Government, contains matter the publication of which is punishable under Section 153-A, I. P. C.

(3.) The Pandit, instead of facing out his trial, adopted the shorter course under Section 99-B, Criminal P. C., as amended by Act No. 36 of 1926, which permitted any person having any interest in a book, in respect of which an order of forfeiture has been made under Section 99-A, to apply to the High Court to set aside such order on the ground that the issue of the book, in respect of which the order was made, did not contain any matter which promoted, or was intended to promote, feelings of enmity or hatred between different classes of His Majesty's subjects. The meaning of the Hindi words "Vichitra Jiwan" is apeculiar topsyturvy or abnormal life." The very title suggests the life of a person who said one thing and did another, or did good or bad things at different times. In order to understand what effect a book of that nature whose contents were rightly advertised by its title would have on the minds of devout Mahomedans, it is sufficient to give the meaning of these words and to state that the life was that of the Prophet Mahommad who is considered to be a holy personage by the Mahomedans. At the applicant's request the trial in the District Magistrate's Court was stayed. The application under Section 99-B by the pandit was heard here by a bench of three honourable Judges: Walsh, Lindsay and Banerji, JJ. [Vide They definitely held, as they were bound to do in order to dismiss the application, that the book contained matter which promoted or was intended to promote feelings of enmity or hatred between different classes of His Majesty's subjects.