E BALANANDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The constitutionality of the Public Property (Prevention of Destruction and Loss) Ordinance, 1978 (Ordinance No. 15 of 1978) promulgated by the Governor of Kerala is assailed in this writ petition by the two petitioners, the first of them, the President of the Kerala State Electricity Board Workers Association, a Trade Union registered under the Trade Union Act, and the second, an employee of the Board. The Union had called a general strike to enforce its demands made to the Board. This was followed by a strike of the employees. It is the petitioners' case that the Ordinance is part of the repressive measures taken against the strike and the strikers.

(2.) The Ordinance is short, and consists only of two Sections. For the sake of convenience, the Sections may be reproduced:

(3.) S 425 of the Indian Penal Code defines 'mischief'. In substance it consists in causing destruction of any property or any such change in such property as destroys or diminishes its value or utility. Both public and private property are included within the ambit of the offence S.426 provides for punishment for the offence which may extend to three months rigorous imprisonment. S.427, 428, 429, 430 etc. deal with aggravated forms of the offence of mischief, depending on the extent of damage to property, the kind of property to which mischief is caused, the mode of causing damage, the object of committing mischief, and so on. Under the First Schedule to the Criminal Procedure Code read with S.2(a) of the said Code, the offence of mischief is a bailable and non cognizable offence. The object of the Ordinance, it is stated, is to provide enhanced punishment for the offence of mischief to public property and to make the offence a non bailable one. We are not really concerned with the legislative intent in passing the Ordinance.