ABDULKADIR LEBBA ABDUL RAHIMAN Vs. STATE

JUDGEMENT

(1.) All these three petitions are directed against the order passed by the District Magistrate of Trivandrum on 4.6.1124 prohibiting the use of a particular type of net by these petitioners and others for the purpose of fishing in the Coastal waters extending from Vettoor to Chilakkoor in the Chirayinkizh Taluk. The order was passed by the District Magistrate in the exercise of the powers conferred on him by S.142 of the Code of Criminal Procedure of Travancore. (Corresponding to S.144 of the Indian Code). On getting notice of the order, the petitioners through their counsel appeared before the District Magistrate and moved for the cancellation of the order. They contended that they were not doing anything to occasion a breach of the peace and that there was no justification for issuing a prohibitory order against the normal pursuit of their activities in the matter of fishing in the coastal area referred to above with the aid of the more efficient types of nets. Respondents 2 and 3 as well as others, who took exception to the use of these modern types of nets by the petitioners, maintained that the use of these nets by the petitioners was harmful to their fishing interests and that therefore the use of such nets should be prohibited. By the proceedings passed on 1.8.1124 the District Magistrate confirmed the prohibitory order holding that there were no valid grounds for cancelling it. The duration of the prohibitory order was indefinitely extended by the Notification R.O.C. No. 793/49/LAB dated 23.4.1949 issued by Government under Cl. 6 of S. 142 of the Code of Criminal Procedure. The petitioners who are aggrieved by the order have filed these revision petitions praying for the cancellation of the order by this Court in the exercise of its revisional jurisdiction.

(2.) The main point urged on behalf of the petitioners is that the District Magistrate was clearly misusing his powers under S.142 of the Code of Criminal Procedure in passing the prohibitory order in question. To appreciate the force of this contention it is necessary to have an idea as to the circumstances which induced the District Magistrate to take action under

(3.) S.142 of the Code of Criminal Procedure is certainly not intended to restrict the liberty of the citizen in exercising his lawful rights in a lawful manner. Occasions may arise where the District Magistrate who is responsible for maintaining peace and tranquility in his District, may have to take immediate action for preventing an apprehended breach of the peace. There may not be time enough for the Magistrate to enquire and ascertain as to which of the opposing parties is in the wrong so that action may be taken against such wrong-doer. In such an emergent situation the Magistrate will have to prohibit the commission of the particular act which might result in a breach of the peace even though the act itself may be a lawful one.