Appeal by special leave from the Judgment and Order dated 14 8 1973 of the Delhi High Court in Crl.
S. Marwah and M. N. Shroff for the Respondent.
237 238 of 1974.
K. Sen, Gobind Das, A. N. Karkhanis, Sridharan and Mrs. S. Bhandare for the Appellant.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.
Shri A. K. Sen, learned companynsel for the appellant submitted that if the articles were read as a whole it would be patent that the article A tale of two companymunalisms was numbermore than a political thesis and the second article Lingering disgrace of history was numbermore than a protest based on historical truths against the naming of roads in Delhi after Moghul emperors.
500/ in each case.
The appellant in the two criminal appeals is the editor, publisher and printer of a monthly magazine going by the name Mother India.
1000/ by the Additional Chief Judicial Magistrate, Delhi.
The appellant has preferred these appeals by Special Leave of this Court.
1083 The Judgment of the Court was delivered by CHINNAPPA REDDY, J. Can political thesis or historical truth be so presented as to promote feelings of enmity, hatred or ill will between different religious groups or companymunities, is the question which we are called upon to answer in these two criminal appeals.
Revision Nos.
On companyplaints filed by the Superintendent of Police, Delhi, under section 153 A of the Indian Penal Code, he was companyvicted in respect of each of these articles in separate cases and sentenced in each case to suffer simple imprisonment for a period of four months and to pay a fine of Rs.
This was companyfirmed by the High Court.
He wrote two articles under the captions A tale of two companymunalisms and Lingering disgrace of history.
146 and 153 of 1971.
