M.A. Jinnah and the Legal Defence of Political Speech: The Emperor v. Bal Gangadhar Tilak Case

Sub title : A Legal Analysis of Sedition and Home Rule Advocacy

Subject: Law | Sedition | Indian Independence Movement | Home Rule League | Freedom of Speech

Date of publication: 1916

Language: English

Page: 91 p.

Source: National Archives of Pakistan

Serial no: 27468

Keyword: Sedition | Section 124-A IPC — Section 108 CrPC — Home Rule — Swarajya —Political Criticism — Freedom of Expression | Bal Gangadhar Tilak — British India Law — High Court

Abstract: This document contains the judgment and excerpts from the speeches in the case of Emperor vs. Bal Gangadhar Tilak (1916). Tilak was charged with sedition for his speeches advocating for 'Swarajya' or Home Rule. The High Court judges, Batchelor and Shah, ruled that his speeches, when read as a whole and considering their effect on the audience, constituted fair political criticism and not sedition. The judgment established key legal principles for distinguishing between seditious intent and constitutional political advocacy.

Description: This is a seminal legal document from British India concerning the law of sedition. It features the full text of one of Bal Gangadhar Tilak's speeches defending Home Rule, followed by the High Court's reasoned judgment that acquitted him. The judges emphasized that speeches must be read in their entirety and in a liberal spirit, and that advocating for political change through constitutional means is not illegal. The document is crucial for understanding the legal battles of the Indian independence movement and is presented here in the context of M.A. Jinnah's broader role as a defender of constitutional rights. SCANNED BY: NATIONAL ARCHIVES OF PAKISTAN.

Total Views: 33        Favorites : 0