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Emperor Vs. Maula Baba Fakir - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Case NumberCriminal Appeal No. 265 of 1917
Judge
Reported inAIR1918Bom254(1); (1917)19BOMLR907; 43Ind.Cas.332
AppellantEmperor
RespondentMaula Baba Fakir
Excerpt:
.....state of nudity.;the accused, who was regarded as a saint, went about the streets of a nudity in a state of nudity, for which he was prosecuted under section 61(o) of the bombay district police act, 1890 :-;that the accused had committed a technical offence under section 61(o) of the act. - - if this were clearly borne in mind, we should be spared the repetition of such arguments as have been addressed to us today on behalf of the accused. that is enacted for the benefit of the whole community and however innocent the accused's intentions may have been-and we are willing to concede that they were-however tolerantly his acts may have been viewed by those who know and revere him, if he frequents public places in a city like nasik, in a state of nudity, he may at any time give just cause..........of such arguments as have been addressed to us today on behalf of the accused. no man is above the law. that is enacted for the benefit of the whole community and however innocent the accused's intentions may have been-and we are willing to concede that they were-however tolerantly his acts may have been viewed by those who know and revere him, if he frequents public places in a city like nasik, in a state of nudity, he may at any time give just cause of offence to other members of the public not acquainted with him who may meet him in that state. we think, therefore, that a technical offence is proved against the accused.2. we direct that he be convicted under section 61(o) of the bombay district police act and we fine him rupee one.3. we might suggest that the better instructed of.....
Judgment:

1. We think there can be no doubt but that the accused broke the law. We do not wish to cast any reflections upon his saintly character or impute to him any intention of indecency. The law, however, is framed much more in the interests of the general public than in that of ecstatic and religious eccentrics who may have their own ideas of public propriety. If this were clearly borne in mind, we should be spared the repetition of such arguments as have been addressed to us today on behalf of the accused. No man is above the law. That is enacted for the benefit of the whole community and however innocent the accused's intentions may have been-and we are willing to concede that they were-however tolerantly his acts may have been viewed by those who know and revere him, if he frequents public places in a city like Nasik, in a state of nudity, he may at any time give just cause of offence to other members of the public not acquainted with him who may meet him in that state. We think, therefore, that a technical offence is proved against the accused.

2. We direct that he be convicted under Section 61(o) of the Bombay District Police Act and we fine him rupee one.

3. We might suggest that the better instructed of those who revere his character should advise him of the grounds upon which so much restraint is placed upon his own judgment.


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