Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Indian Penal Code 1860-Sections 124A and 153A |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Allowed |
Headnote | Indian Penal Code, 1860-Sections 124A and 153A-Sedition--Raising slogans casually couple of times by some persons-No reaction from public-Offence u/s 124A or 153A not made out.The appellants who are government servants were arrested for raising slogans like 'Khalistan Zindabad', 'Raj Karega Khalsa', and Hinduan Nun Punjab wi Chon Kadh Ke Chhadange Hun Manka Aya Hai Raj Kayam Karan Da' on the day Smt. Indira Gandhi, the then Prime Minister of India was assassinated. Both appellants raised the slogans together. The first slogan was raised five or six times, the second two or four times and the third only once or twice. They did not raise any slogans after their arrest. The appellants were tried for offences u/s 124A and 153A of the Indian Penal Code. The prosecution examined police constables who conceded that the people in general did not gather on hearing the slogans.The appellants submitted that the prosecution had not been able to establish the case against them beyond a reasonable doubt. It was argued that though the occurrence had taken place in a busy place, no independent person had been associated at the time of arrest. Relying on the evidence of the Munshi of the District jail the appellants contended that the entire case against them was a made up affair.The respondents submitted that keeping in view the tension which had been generated on the date of the assassination of the former Prime Minister Smt. Indira Gandhi, the raising of the slogans by the appellants attracted the provisions of Section 124A IPC and 153A of the IPC. Also, as no animosity or reason to falsely implicate the appellants was attributed to PWs 2 and 3, their evidence was reliable even though no independent witness had been associated. |
Judge | N/A |
Neutral Citation | 1995 INSC 151 |
Petitioner | Balwant Singh And Anr |
Respondent | State Of Punjab |
SCR | [1995] 2 S.C.R. 411 |
Judgement Date | 1995-03-01 |
Case Number | 266 |
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