JUDGMENT

O. CHINNAPPA REDDY, J.:—Can political thesis or historical truth be so presented as to promote feelings of enmity, hatred or ill-will between different religious groups or communities, is the question which we are called upon to answer in these two Criminal Appeals. The appellant in the two Criminal appeals is the editor, publisher and printer of a monthly magazine going by the name Mother India ! He wrote two articles under the captions A tale of two communalisms and Lingering disgrace of history. On complaints filed by the Superintendent of Police, Delhi, under Section 153-A of the Indian Penal Code, he was convicted in respect of each of these articles in separate cases and sentenced in each case to suffer simple imprisonment for a period of four months and to pay a fine of Rs. 1,000 by the Additional Chief Judicial Magistrate, Delhi. On appeal the learned Sessions Judge, Delhi, confirmed the conviction in both the cases but reduced the sentence of fine to Rs. 500 in each case. This was confirmed by the High Court. The appellant has preferred these appeals by special leave of this Court.

2. Shri A. K. Sen, learned counsel for the appellant submitted that if the articles