KARTAR SINGH & OTHERS versus THE STATE OF PUNJAB.

KARTAR SINGH & OTHERS versus THE STATE OF PUNJAB.

The prosecution failed to prove that the defamatory and indecent slogans uttered by the appellants undermined public order, decency or morality, or amounted to incitement to an offence prejudicial to the maintenance of public order, as required by section 9 of the Punjab Security of the State Act, 1953. The utterances, being vulgar abuses against public officials, did not have the requisite impact on public order or State security.

Parties
Appellant: Kartar Singh & Others; Respondent: The State of Punjab
Jurisdiction
India
Judgment Date
26 April 1956
Procedural Posture
Criminal Appeal / Supreme Court Appeal by Special Leave Against Conviction Under Section 9 of the Punjab Security of the State Act, 1953
Outcome
Appeal allowed
Legal Topics
Defamation, Public Order, Freedom of Speech, Interpretation of Statutes
Criminal Law Constitutional Law Defamation Public Order Freedom of Speech Interpretation of Statutes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Kartar Singh & Others

Appellant

The State of Punjab

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal by Special Leave Against Conviction Under Section 9 of the Punjab Security of the State Act, 1953

Legal Issues

  1. 1 Whether raising of defamatory slogans against State Ministers constituted an offence under section 9 of the Punjab Security of the State Act, 1953.
  2. 2 Whether the statements amounted to undermining public order, decency, or morality, or incitement to an offence prejudicial to the maintenance of public order.

Ratio Decidendi

The prosecution failed to prove that the defamatory and indecent slogans uttered by the appellants undermined public order, decency or morality, or amounted to incitement to an offence prejudicial to the maintenance of public order, as required by section 9 of the Punjab Security of the State Act, 1953. The utterances, being vulgar abuses against public officials, did not have the requisite impact on public order or State security.

Court Disposition

Appeal allowed

Orders

  • Convictions and sentences set aside.
  • Appellants to be set at liberty forthwith.