Jaina Gazette 1936 02

SR No.: 034892
Original Sutra Author: N/A
Author: Ajitprasad, C S Mallinath
Publisher: Jaina Gazettee Office
Publication Year: 1936
Total Pages: 38
Language: English
Classification: Book_English
File Size: 5 MB

Page 30

62
THE JAINA GAZETTE
An interesting point of law
In connection with the Sikh Kirpan Morcha at Lahore, an interesting point of law has been raised by Sardar Sant Singh, M.L.A. He says:
“The Sikhs have been forced to launch this ‘Morcha' to vindicate their right to observe religious injunctions. The Punjab Government's justification as published in their recent communique is full of fallacies. The right to carry ‘kirpans' has been conferred under a statutory enactment, namely the Arms Act, which empowers the Governor General in Council to exempt any arms from the operation of the Act. The Governor General exercis. ing this power has exempted the 'kirpan' from the opera. tion of the Act.
"Section 144 Cr. P. C. empowers the District Magis. trate to regulate the conduct of the public generally and of particular individuals under certain emergent circum. stances. It does not, however, empower him to take away a right conferred by the Legislature; otherwise the District Magistrate acting under section 14. Cr. P. C. would be in fact overriding the provisions of a legislative enactment and orders passed or exemptions granted by the Governor. General in Council. Thus the prosecution under section 188 I. P. C. for defiance of orders promulgated under section 144 Cr. P. C. are illegal.
"It is admitted by the local Government that the Sikhs have shown comrrendable self-restraint throughout, during the disturbances in Lahore. The Sikhs have not only been not aggressors, but have not used 'kirpans' even in self-defence.
"In the face of this fact, to deprive them of the right to carry 'kirpans' in Lahore is to rope in the law.abiding and the lawbreaking communities together. The Govern.