EMPEROR Vs. GANESH VASUDEO MAVLANKAR AND ORS

JUDGEMENT

(1.) These are two references sent to this Court by the Sessions Judge of Ahmedabad. The learned Sessions Judge has held an inquiry Under Section 485, Criminal P.C., and has formed an opinion that the convictions in question were illegal and has referred the matter to this Court for necessary action.

(2.) In the first reference eight persons were convicted and in the second reference five persons. The facts shortly are that on 22nd August all dates being in the present year a committee of five parsons was appointed in Ahmedabad with a view to enquire into the conduct of the police at Ranpur. Mr. Thakor tells us that the committee consisted of very eminent citizens, but whether that was so or not, the committee was entirely a private affair, and the members of it had rights neither greater nor less then any other members of the public; any members of the public, generally speaking, may form themselves into a committee and enquire into any subject which interests them whether it be the conduct of the police or the conduct of a racehorse or any other subject. But in this case the District Magistrate formed the view that this committee of enquiry would be dangerous to the public peace having regard to the disturbed state of the are in which it was to operate, and on 30th August he made an order Under Section 144, Criminal P.C., in which after reciting that it had been made to appear to him that the five named members of the committee intended to hold an enquiry on 31st August 1930, at Ranpur regarding Mr. Shahabuddin Kazi, the Sub Inspector of Police, Ranpur, and other members of the police force who were lawfully employed, and that he considered that such enquiry was likely to cause annoyance to goes on:

(3.) The members of the committee wore not disposed to obey that order. Accordingly, they were arrested, and on 4th September they were convicted and sentenced for disobeying the order Under Section 188, I.P.C. Not only were the five members of the committee arrested, but three other persons who were taking part in the enquiry were also arrested, convicted and sentenced. The five members of the committee are the first five opponents in Reference No. 89 of 1930 and the other three persons are the last three opponents, viz. 6, 7 and 8, in the same reference. They were arrested as coming within the provision of the order directed to other persons concerned in the project.