ANTARJAMI MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The eight petitioners were convicted under Sections 143 and 148, Penal Code, and also under Schedule 2, Police Act, and sentenced to various terms of imprisonment. Their appeal was dismissed by the Additional Sessions Judge of Berhampur.

(2.) The charge against them was that on 18-9-1945 they assembled at a meeting at the foot of a hill in village Roulpalli in Ganjam district with the common object of disobeying a notice issued by the District Superintendent of Police Under Section 30, Police Act, requiring the obtaining of a licence as a condition precedent to the holding of meetings and assemblies on public roads and thoroughfares. While the meeting was being held a Police Officer approached the crowd and asked them to disperse. They however refused and then some of the leaders were arrested with the help of additional police force Antarjami Mohanty and Ors. vs. State of Orissa (16.08.1950 -ORIHC) Page 2 of 4 which arrived at the spot.

(3.) The facts are all admitted. On 17-8-1949 the District Superintendent of Police with the sanction of the District Magistrate issued a notice Under Section 30, Police Act, (Ex. 6), requiring all persons intending to convene or collect an assembly in any public road or thoroughfare to take a licence from the appropriate police officer. This notice was to remain in force for a period of three months from that date and the orders wore duly promulgated in the locality. The petitioners admittedly collected at a public meeting on 18-9-1915 and none of them had a licence.