HIGH COURT OF OUDH
Ram Prasad - Appellant
Versus
Emperor - Respondent
Decided On : 22-08-1927
JUDGMENT
1. Between the 28th and the 31st January 1925, a four-page printed pamphlet was circulated secretly by post and by hand in the United Provinces and other parts of India. This pamphlet bare the name of no printing press. The heading was
The Revolutionary--An Organ of the Revolutionary Party of India.
2. It was called the first number of the first volume, and bore the date of the 1st January 1925.
3. This was the first paragraph:
Chaos is necessary to the birth of a new star and the birth of life is accompanied by agony and pain. India is also taking a new birth, and is passing through that inevitable phase, when chaos and agony shall play their destined role, when all calculations shall prove futile, when the wise and the mighty shall be bewildered by the simple and the weak, when great empires Shall crumble down aid now nations shall arise and surprise humanity with the splendour and glory which shall be all its own.
4. In continuation it was stated that a new power had coma into existence in India, that power being the revolutionary movement amongst young men, which, in spite of all opposition would eventually triumph. This movement had withstood repression for twenty years. It was now stronger than ever before, and its prospects were brighter. The writer then proceeded to justify the movement on the ground that India was ruled without justification by foreigners whose authority rested on dominion by the sword. The sword of these foreigners was to be met by the sword of the Indians.
5. The writer then proceeded to declare the "immediate" object of the revolutionary party which was
to establish a Federal Republic of the United States of India by tin organized and armed revolution.
6. Under this republic there would be universal suffrage, nationalization of railways, mines, leading manufactures and the shipping industry. The legislature would control the executive. The aims of the revolutionary party were to be international rather than national and in this respect it follows the footsteps of the great Indian rishis of the glorious past and of Bolshevik Russia in the modern age.
7. There would be equal rights for all communities, general co-operation and a spiritual recognition of the realities of life.
8. The writer continued that the time was not ripe for the disclosure of the policy and the programme of the party. The party reserved to itself freedom to associate or not to associate with the Indian Congress. Then follow the words:
But this party views all constitutional agitations in the country with contempt and ridicule.
9. After some amplification of this idea came the following passage:
Young Indians Shake off your illusions, face realities with a stout heart, and do not avoid struggles, difficulties and sacrifices. The inevitable is to come. Do not be misguided any more. Peace and tranquillity you cannot have and India's liberty can never be achieved through peaceful and legal means. The following memorable words of a great English author Mr. Robertson, may serve to make the wise men of India wiser still.
The movement and programme of reform was mainly the achievement of Irish and Protestant leaders to whom British statesmen had revealed the fatal secret that England could be bullied but not argued into justice and generosity. England Wider the Hanoverians, page 197.
Indian publics leader are still ignorant of this "fatal secret" or else they are foolishly wise to ignore it.
10. The writer then proceeded to dispute the accuracy of the view that Indians were unable to drive the British out of India by force of arms. The pamphlet concluded as follows:
A few words more about terrorism and anarchism. These two words are playing the most mischievous part in India to-day. They are being invariably misapplied whenever any reference to the revolutionaries is to be made because it is so very convenient to denounce the revolutionaries under that name. The Indian revolutionaries are neither terrorists nor anarchists. They
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