AIR 1921 PRIVY COUNCIL 29

Privy Council

(FROM LAHORE)

Hon'ble Judge(s): Viscount Cave, Lord Dunedin, Lord Phillimore, Sir John Edge, Ameer Ali , JJJ

*(A) Martial Law Ordinance (4 of 1919) , — Summary Martial Law trial under the Ordinance for sedition was held legal. The trial of an accused for an offence connected with the disturbances in the Punjab in March, April, 1919, under an Order of the Lieutenant Governor by summary procedure of Martial law was held not vitiated by want of judediction. 1 Lah. 326 (P.C.) Foll.(Para 30) *(B) Privy Council-Criminal Cases-P. C. is not a Court of appeal-Findings of fact will be rarely interfered with-Question whether law was properly applied to language used by accused in a sedition case-P. C. will not interfere ordinarily Penal Code (45 of 1860) , S.124A— In a case of sedition in respect of newspaper articles the question whether the principles of the law were properly applied by the Courts in India in detail to the language of the various articles is one which partakes so much of the nature of the question of fact that it would be difficult for the Board to interfere on this ground with the conclusions arrived at by a Court in India. The decision of such a Court must necessarily depend not only on the construction of the written matter complained of, but also on the local conditions obtaining at the time of the publication and a just appreciation of....