Emperor vs Nasrullah - 1928 Supreme(All) 304

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1928 Supreme(All) 304

WALSH
Emperor – Appellant
Versus
Nasrullah – Respondent

JUDGMENT

Walsh, J. - In this case the Government are applying in revision for enhancement of sentence. We think it, therefore, necessary, if not desirable, to state with some care and particularity our reasons for rejecting the application. If the result of our doing so is to give the case an appearance of greater importance than it deserves, that is the fault of the Government for applying in revision. Speaking in broad terms the case arose in this way. It was Holi and at that time a lot of loosely disposed people indulge, more by tradition and custom than by actual desire to be disorderly or unpleasant, in songs of a low character and generally in performances of a more or less suggestive and loose description. If this were a perfect world, they would all recognize that even although they were tempted to indulge themselves in this way, it; was their first duty to avoid giving offence or annoyance to other people. As a matter of fact, as the Government advocate rightly says, they frequently give annoyance to the hotter thinking, class of their own community. On such an occasion it would certainly be desirable that the Mahommedans should keep out of the revellers' way, and that the

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