Judgment

AYYANGAR, J. : This appeal by special leave against the decision of the High Court of Punjab raises for consideration principally the constitutional validity of S. 3 of the Pepsu Police (Incitement to Disaffection) Act (Act 1 of 1953) which will be referred to hereafter as the impugned Act.

2. The four appellants were at one time members of the Pepsu Police force and were charged, before the First Class Magistrate at Faridkot, with having committed three offences : (1) under S. 26 of the Pepsu Police Safety Ordinance (No.7 of Samvat 2006), (2) under S. 33 of the said Ordinance, and (3) under S. 3 of the impugned Act. We shall be referring to the provisions of the relevant enactments in due course. The accused pleaded not guilty and were tried by the learned Magistrate who by his judgment dated August 28,1958, held the prosecution case fully established against all the accused. He convicted the four appellants under S. 26 of the Public Safety Ordinance and sentenced them to imprisonment for six months. The third appellant alone was convicted of the offence under S. 33 of the same Ordinance and was sentenced to imprisonment for six months. Appellants 1, 2 and 4 were further co