هدَےت ناما کھاوںد دے کھِلاپھ پھُوهس-نویسی دے مُکدمے وِچ, لاهَور دے سَےسن جّج ساهِب دا پھَےسلا تاریکھ 1 جُون 1946, پںجاب سرکار دیآں چھے دیآں چھے سِکاِاتاں رّد ۔

SESSION COURT'S JUDGEMENT

THE SESSIONS JUDGE, LAHORE delivering judgement in the case of Hadayat Nama Khavand on 1st June, 1946 has held that out of the six passages alleged to be obscene, the first passage is merely advice for remedying a physical com- plaint. If no advice on such subjects is to be tolerated, all books on medicines must be prescribed. The idea (of alleging the pas- sage to be obscene) seems to be fantastic. The fact that the method of expression in the second passage may well affront the fastidious, does not make it a criminal offence. The third passage merely advice on the question how to control premature ejaculation. The problems, exists. If it is obsene to give advice on existing problems, all medical text books must be prescribed. The fifth passage is largely a matter of estimates and statistics, which is difficult to see how they can said to be obscene. The mentality that can classify the sixth passage as obscene passes all comprehension entirely.

"The Learned Sessions Judge has concluded his judgement thus", "In short. I do not see how any of the passages, can fairly be said to be obscene. I accordingly accept the appeal and acquit the appellants."

Appellants in the case being Kaviraj Harnam Das B.A. Author and Publisher of Hadayat Nama Khavind. (هدَےت ناما کھاوںد) and his son, Kaviraj Maharaj Krishan, B.A. (Pb), and L.A.M.S.. (Cal.)

'هدَےت ناما کھاوںد' دے هّک وِچ هاای کورٹ پںجاب, لاهَور دا پھَےسلا (نںبر 915 سنّ 1946) کِ پںجاب دے مِنِسٹر, ڈِپٹی کمِسنر, سِوِل سرجن-ِاتنے بڑے بڑے گواه کهِںدے هن کِ اُه آپنے جوان لڑکِآں نُوں ِاه پُستک پڑھن لای کهِنگے۔ سو کِتاب نُوں بںد نهیں کیتا جاںدا; اپیل منجُور ۔

High Court A. I. R. Lahore 383.

In The High Court of Judicature at Lahore

CRIMINAL APPELLATE SIDE

Criminal Appeal No. 915 of 1946.

The Crown                        Versus                              Appellant

1. K. Harnam Das and 2. K. Maharaj Kishan.

    Charge Under Section 292, Indian Penal Code.

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On the whole it would appear that book in the present case discusses subjects which are bound to be discussed in a work of this kind if it is to fulfil any useful purpose and although some of these subjects are not such as are ordinarily discussed in polite society, they are dealt with in the book in quite restrained and sober manner and it may here be mentioned that in de- fence a number of respectable persons including a former Minister in Punjab Government, a former Public Prosecutor, a re- tired Deputy Commissioner of Criminal Tribes and a retired Civil Surgeon have appeared, and stated that they did not con- sider that the book was objectionable, and that it was in fact one which they would recommended to young married men.

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Accordingly Appeal (of the Crown) dismissed.