Kumarasiri Et Al V. Wijesooriya

1951 Present: Dias S.P.J.

KUMARASIRI et al., Appellants, and WIJESOORIYA
(Superintendent of Police), Respondent

S. C. 510-516-M. C. Matara, 22,587

Police Ordinance (Cap 43)-Section 75A as amended by section 2 of Ordinance No. 22 of 1947--Procession in public place in urban area-Contravention of conditions imposed by police officer.

Where certain persona who took part in a procession in an urban area were prosecuted for shouting slogans in contravention of one of the conditions imposed in terms of section 75A of the Police Ordinance-

Held, that specific evidence should have been led by the prosecutor as to the actual words used by the accused.

Held further, that under section 75A of the Police Ordinance conditions can be imposed on two classes of persons, namely, the organisers of a procession and those taking part in the procession.

APPEAL from a judgment of the Magistrate's Court, Matara.

S. Nadesan, with M. Sivasithamparam, for the accused appellant.

J. A. P. Cherubim, Crown Counsel, for the Attorney-General.

Cur. adv. vult.

August 31, 1951. DIAS S.P.J.-

The seven appellants appeal from their convictions under a. 75A of the Police Ordinance (Chap. 43) as amended by s. 2 of Ordinance No. 22 of 1949 They were sentenced as follows :-1st accused to pay a fine of Rs. 200 as being the party mainly responsible, and each of the other accused to pay a fine of Rs. 100.

Section 75A deals with processions " taken out or held in any public place in any urban area ". An " Urban area " means any area within the administrative limits of any Municipal Council, Urban Council or Town Council. By sub-section (1) of s. 75A the law provides that no procession is to be taken out or held in any public place in an urban area unless notice of such procession has been given at least six hours before the time of the commencement of such procession to the officer in charge of the police station nearest to the place at which the procession is to commence. The penalty for a contravention of this provision is to be found in s. 75A (2).

When an application is made to the police, s. 75A (3) gives power to an officer of police of a rank not below the grade of Assistant Superintendent, if he considers it expedient so to do in the interests of the preservation of public order, to give directions (whether orally or in writing) either (a) prohibiting the taking out of the procession altogether or (b) to allow the procession to take place subject to such conditions as he may impose on the person or persons organising or taking part in the procession as appear to him to be necessary, including conditions prohibiting or restricting the display of flags, banners or emblems. It will be seen that under sub-section 75A (3) conditions can be imposed on two classes of persons, namely, the organisers of the procession and those taking part in the procession. The penalty for a breach of s. 75A (3) is contained in s. 75A (4).

In this case the 1st accused was charged as being the organiser and the other six appellants as being persons taking part in the procession. They have all been charged for acting in contravention of one of the conditions imposed. In regard to an organiser, in order to secure a conviction under a. 75A (5) the prosecution must prove beyond reasonable doubt the following ingredients :-

(a) That the accused organised the procession.

(b) That such procession was one subject to conditions imposed under s. 75A (3).

(c) That the accused acted in contravention of such conditions.

In regard to those taking part in the procession the prosecution must establish that the accused (a) took part in a procession, (b) that such procession was one subject to conditions under s. 75A (3), and (c) that he acted in contravention of such conditions.

The general principle Underlying our law is that a man or woman may act as they please so long as they do not break some positive

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