KRISHNAJI SHANKAR MEHRUNKAR Vs. MADHYA BHARAT STATE

JUDGEMENT

(1.) THE Applicant Krishnaji Mehrun kar was convicted by the District Magistrate, Indore City, under Section 5, Public Safety Order (Indore) of 1947 and sentenced to pay a fine of Rs. 500. In the appeal the learned Additional Sessions Judge maintained the conviction but reduced, the sentence to a fine of Rs. 300. The Petitioner, therefore, applied to this Court for revising the order of the Sessions Judge. When the application came on for hearing before my learned brother Rege J., the validity of the Public Safety Order was impugned by the Applicant on the ground that it was ultra vires of the Holker State Cabinet. The learned Judge considered that the objection raised appeared to be of great constitutional importance and the application should be heard by a Bench rather than by him Sitting singly. He, therefore, re -corded his opinion and directed that the papers may be placed before the Chief Justice for orders. Accordingly, this Special Bench was constituted by my Lord the Chief Justice to hear this reference.

(2.) THE sole question for determination in this reference is whether the Indore Public Safety Order of 1947 was valid, and intra vires the Holker State Cabinet. The Cabinet of the Government of His Highness the Maharaja Holker purported to make and promulgate the Public Safety Order under a power conferred on it by Huzoor Shree Shankar Order No. 42 dated 29th November 1943. That order provided as follows:

(3.) THE learned Advocate General contended that in the absence of any definite allegation that His Highness the Maharaja Holkar was in the State on 19th September 1947 and in the absence of any evidence on the point he WAS not called upon to meet any objection on that score, He argued that the act of the Holkar Cabinet in coming to the conclusion that a state of emergency calling for the immediate promulgation of the Public Safety Order existed and that for that purpose the orders of His Highness the Maharaja Holkar could not be obtained in time is an act beyond the cognizance of the Court; and that the 'Cabinet was the sole judge of whether such circumstances existed as to render it necessary for it to exercise the legislative powers and promulgate the Public Safety Order.