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 31

INTERESTING POINT OF LAW 63 ment have not disarmed the Europeans and Christians rightly too-because they did not act in a manner pre. judicial to the maintenance of law and order. Why could they not treat the Sikhs similarly and disarm only the commuity that was responsible for the breach of peace. The Sikhs feel that the treatment meted out to them by the Local Government threatens the very existence of the community in the Punjab, and thus they have been compelled to take the course they are taking." Another interesting point of law.
Mr, Justice Allsop of the Allahabad High Court has referred to a Bench of two judges for decision a criminal case in revision in which certain doms of a Garhwal village in Kumaon were sentenced to fine under S. 153 1. P. C. for giving provocation likely to cause the offence of rioting. Their appeal was dismissed by the District Magistrale, and the Sessions judge refused in revision to report the case to the High Court.
The applicarts in the course of a marriage procession asserted their right to be carried on dandies, or palanquins through a town or village. It appeared that high-caste Hindus objected and there was an apprehension of the breach of the peace whereupon the Qanungo who had the powers of a Circle Inspector Police directed the appli. cants to descend from their conveyances. They refused to do so and they were charged and convicted.
His Lordship said that the courts below found that there was a custom in the hills that conveyances of marriage parties should not pass through village sites, but they refused to admit that such a custom had the force of law. Prima facie it appeared improbable that such a practice or custom restricting the right of a citizen would be enforceable in a ccurt of law. The attitude which