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Railway employees convicted under rules 118 and 119 of Defence of India Rules, 1971 for inciting strike - Legality of conviction challenged. Judgment Details: The appellants, Railway employees, were convicted under rules 118 and 119 of the Defence of India Rules, 1971 for inciting a strike among railway workers. The order of conviction was upheld by the Additional Sessions Judge and the Delhi High Court, with a reduction in sentence. The appellants challenged the legality of their conviction, questioning the evidence presented by the prosecution. The prosecution's case was based on the appellants being leaders of the Northern Railwaymen's Union and inciting a strike on May 5, 1974, in violation of an order issued by the Government of India under rule 118(1) of the Defence of India Rules, 1971. The witness evidence presented was deemed insufficient to establish the charge, as it relied heavily on hearsay and summaries of speeches without direct knowledge of the appellants' actions. The Courts below were justified in taking judicial notice of the imminent railway strike on May 5, 1974, and its launch on May 8, 1974. However, to establish a contravention of the order issued under rule 118(1)(a), it was necessary for the prosecution to prove that the strike incitement was in connection with an industrial dispute, which required specific evidence. The lack of such evidence led to the failure of the charge against the appellants. The judgment highlighted the distinction between incitement to strike under rule 118(1)(a) and the definition of "strike" under rule 118(3)(b). While arguments were made regarding the applicability of other provisions of the Defence of India Rules, the insufficiency of evidence remained the primary reason for acquitting the appellants. In conclusion, the appeal was allowed, the order of conviction and sentence were set aside, and the appellants were acquitted of the charges brought against them.
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