Case No.:

AC-CR.REV.22. 1956

Court:

Court of Criminal Appeal

Issue No.:

1961

Principles

· Criminal Law—Code of Criminal Procedure, s. 97B- Definition of "meeting”

A meeting of 200 at the workers club at Kosti where speeches were made is a “meeting” within the meaning of Code of Criminal Procedure. s. 97B, in spite of the fact that the meeting was held in the club and was not for the public at large

Judgment

(CRIMINAL REVISION)

SUDAN GOVERNMENT v. HASSAN EL TAHIR ZARROUK AND OTHERS

AC-CR.REV.22. 1956

.

Advocate: Abdalla El Hassan for the accused

M. A. Abu Rannat C.J. April 7, 1956 :—The evidence shows that the public were invited to attend a meeting at the workers club at Kosti on the evening of February 25. 1956. More than 2oo persons attended the meeting and Accused No. 6, Hassan El Tahir Zarrouk. Accused No. 7, Abdel Rahman Abdel Rahim El Wasila, and Accused No. 9. Mohamed El Sayed El Sallam, made speeches. The Case Diary shows that the words attributed to them were seditious, but as they were not prosecuted for sedition. I need not raise the matter.

The Government issued a notice under Code of Criminal Procedure, s. 97A (4j prohibiting any public meetings in Kosti district. Despite this notice, and the subsequent warning by the District Commissioner, the meeting was held and speeches delivered. I need not comment on the big part 1 the grounds of appeal submitted by Advocate Abdalla El Hassan, since the conviction under Penal Code, s. 117, was made for contravening the Governar’s order.

The conviction here In question was made became of the provisons of Code of Criminal Procedure. s.97B, ,, which reads:

"Any meeting, assembly or procession:

(a) for the holding of which a licence is required under subsection (2) of section 97A held without such licence; or

(b) which fails to comply with conditions defined in any licence applicable to it issued under subsection (3) of section 97A; or

(C) which, having been prohibited by the Governor under subsection (4) of section 97A, takes place;

shall be deemed an unlawful assembly for the purposes of sections 115

to 126 of the Penal Code and sections 93 to 98 of this Code.”

In paragraph 7 of his memorandum of appeal. Advocate Abdalla El Hassan contends that the meeting at the club was not a public meeting since it was not held in public place and for the public at large.

A public meeting includes any meeting in a public place and any meeting which the public or any section thereof are permitted to attend whether on payment or not. 10 Halsbury, Laws of England 597 n. (g) (3rd ed., 1955). Therefore the meeting at the club was a public meeting.

All the accused have admitted that they attended that meeting; they were correctly convicted under Penal Code, s. 117.

Sentence

It is common knowledge which is not denied by the accused that the situation at Kosti was tense. Any threatening or abusive speeches or behaviour are likely to provoke a breach of the peace. How can a magistrate be lenient in such circumstances? I am afraid I cannot find any grounds for intervention with these sentences of six months’ imprisonment.