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1995 DIGILAW 878 (SC)

Ranjit Singh v. Union Territory Chandigarh

1995-08-08

G.T.NANAVATI, M.K.MUKHERJEE

body1995
JUDGMENT : 1. For raising the slogan "Khalistan Zindabad" in a market place of Chandigarh on October 31, 1984, the day Smt. Indira Gandhi, the then Prime Minister of India was assassinated the appellant, who was then a driver in the Punjab Roadways, was convicted and sentenced by the learned Judge, Special Court, Chandigarh, under Sections 124A and 153A of the Indian Penal Code. Aggrieved thereby, the appellant has filed the instant appeal. 2. Mr. Sodhi, the learned counsel appearing for the appellant has submitted that shouting of the above slogan, without anything more cannot amount to an offence under Sections 124-A or 153-A of the Indian Penal Code. In support of his contention, he relied upon the judgment of this Court in Balwant Singh & Anr. v. State of Punjab (1995) 3 SCC 214 , wherein it was held as under: "It appears to us that the raising some slogans only a couple of times by the two (onesome appellants, which neither evoked any response nor any reaction from any one in the public can neither attract the provisions of Section 124-A or of Section 153-A IPC. Some more overt act was required to bring home the charge of the two appellants, who are Government servants. The police officials exhibited lack of maturity and more of sensitivity in arresting the appellants for raising the slogans which arrest - and not the casual raising of one or two slogans - could have created a law and order situation, keeping in view the tense situation prevailing on the date of the assassination of Smt. Indira Gandhi. In situations like that over sensitiveness some times is counter productive and can result in inviting trouble. Raising of some lonesome slogans, a couple of times by two individuals, without anything more, did not constitute any threat to the Government of India as by law established nor could the same give rise to greetings or enmity of hatred among different communities or religious or other groups." 3. As the facts of the instant case are on all fours with those on Balwant Singh (supra) and as we are in complete agreement with the principles as quoted above we allow this appeal and set aside the order of conviction and sentence recorded against the appellant. The appellant who is on bail is discharged from his bail bond.