- (1.) CR. A. No. 2791 of 1963 has been filed by Ghulam Rasool against his conviction under Sections 124-A and 505 I. P. C. and sentences of 6 months' R. I. and three months' R. I. under the two counts respectively. The learned Sessions Judge, Agra, has ordered the sentences to run concurrently. The connected Cr. R No. 351 of 1964 by the State of U. P. is directed against the same judgment praying for enhancement of the sentences awarded against Ghulam Rasool. Since the appeal and the revision are directed against the same judgment, we propose to dispose them off by a common judgment.
(2.) GHULAM Rasool was admittedly the Editor, Printer and Publisher of an Urdu Weekly "ehsas" having its office at Agra. According to the prosecution case, this paper is widely circulated in Agra, Ferozabad, Mainpuri, Shikohabad and Etawah. In the issue of Ehsas dated the 26th June, 1962 Ghulam Rasool (hereinafter referred to as the appellant) printed and published an editorial article under the caption "hussain Nam Hai Har Khubiye Hidayat Ka" and circulated the same in the public. The prosecution alleged that this article brought and did seek to bring into hatred and contempt and excited dissatisfaction towards the Government of the Union of India as established by law. It is also alleged that this article induced or attempted to induce the Muslims of India in general and those in Kashmir in particular to commit offences even by resorting to violence against the State and public tranquillity. In this article the Government of India was described as tyrannical and was alleged to have imposed a tyrannical rule over Kashmir maliciously through corruption, bribery and the bayonets of the Indian Army. The article, it was claimed, exhorted the Muslims to sacrifice everything and undergo all sufferings and agonies and to draw inspiration from the example of Hussain, the martyr of Karbala. The article further invoked Allah to bestow upon the Muslims strength, understanding and wisdom to save Kashmiri Muslims from the tyranny and the authoritarian rule of the Indian Government. It was alleged by the prosecution that this article was published during the crucial period when Kashmir was being debated in the Security Council and when the Indian Government sent a note of protest against the talks going on between Pakistan and China regarding the Sino-Pakistan agreement to locate and align their common border in the occupied areas of Jammu and Kashmir. It is further alleged that the abovementioned article was published and circulated during the critical period of Moharram in order to make a strong appeal to the Muslims and to incite communal fanaticism amongst the Muslims, According to the prosecution case, the intention of the appellant was to bring or attempt to bring into hatred or contempt or excite and attempt to excite disaffection towards the Government of India so that the transquillity of the State may be disturbed and the people may commit violence and offences against the Indian Government.
(3.) ON the publication of the abovementioned article, P. W. 1 Sher Pal Singh, Head Constable of the Local Intelligence Unit came to know of the abovementioned objectionable article on the 27th June, 19b2. He made an entry in this regard in the information register. On this report, Sri R. S. Misra, Inspector Incharge, ordered the Senior Sub-Inspector Sri R. N. Bhot Rai to look into the matter. Sri R. N. Bhot Rai, who was examined as P. W. 2, obtained a copy of the Ehsas weekly dated the 26th June, 1962 and informed the S. S. P. and the District Magistrate through his confidential report dated the 30th June, 1962. In a supplementary issue of Ehsas, the appellant published his explanation about the article in question and this issue was also sent to the District Magistrate of Agra, P. W. 4 Sri G. S. Sial. Sri Sial wrote to the Government for the prosecution of the printer and publisher of the Ehsas weekly. The Government of Uttar Pradesh accorded the sanction for the prosecution of the appellant under Section 124-A of the Indian Penal Code. Sri Sial also accorded sanction for the prosecution of the appellant under Section 505 I. P. C. in pursuance of these sanctions. Sri R. N. Bhot Rai, Senior Sub-Inspector, Local Intelligence Unit, Agra, filed a complaint which led to the prosecution and conviction of the appellant.;