JUDGMENT - (1) This application under Art. 228 of the Constitution raises the question as to the validity of section 3 of the Police (Incitement to Disaffectio n) Act beig Act No. XXII of 1922.

(2) The petitioner is a memeber of the Loksabha having been elected from the constituency of the City of Ahmedabad and is also the President of the Maha Gujerat Janta Prishad. On the 15th of March 1959, he delivered a speech in a public meeting held under the auspices of the Maha Gujerat Janata Parishad at Gandh Chowk, Saraspur, Ahmedabad, in which he addressed certain remarks amongst other persons to the members of the police force. It is alleged that the speech was in contravention of Section 3 of the said Act.

(3) The speech made by the petitioner and taken down by the police shorthand-writer runs as follows:

"Someone (policemen) tells me to form an Union. I told him to form Seva Mandal. There is fund of the department (Police Welfare Fund). The children of policemen should be given education and the ailing persons should be known (sic) everywhere; that there is dissatisfasction among the policemen and when the 8t August will come they will realise that they were so far acting like enemies o

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