FAKIR CHARAN DAS Vs. STATE

JUDGEMENT

(1.) THIS is a petition for setting aside a conviction under Section 188, I. P. C. and the sentence of fine, passed by the first Class Magistrate of Puri.

(2.) THE petitioner is a Member of the Orissa Legislative Assembly. On 22-1-56 in consequence of the agitation against the report of the States Reorganization Commission, acute distrubances, arose in the town of Puri resulting in the burning of the Railway Station, attack on the houses of the District Magistrate and the Superintendent of Police, and commission of various acts of violence on other public buildings. On 23-1-56 the Subdi-visional Magistrate issued an order under Section 144, Cr. P. C. , prohibiting an assemblage of 5 or more persons within the municipal area. The order was in force for seven days. Again, on 29-1-56 he passed another order to the same effect which was to remain in force for 7 days, i. e. from 30-1-56 to 5-2-56 as in his opinion, the situation in the locality continued to remain the same and there was still apprehension of disturbance of public tranquillity. The order was duly promulgated at various public places in Puri Town. The prosecution case is that on 31-1-56 in contravention of this order the petitioner, at about 7 P. M. attended a meeting of about 40 to 50 persons at Lion's Gate Puri and there read aloud a printed pamphlet (Ext. 3) in which the various acts of oppression committed by the authorities were mentioned; and it was further stated that the repressive actions of the Government were undemocratic and inhuman and that everyone should protest against the same in a peaceful and non-violent manner, He was imme-diately taken into custody for an offence under Section 188. I. P. C. , and the present case against him was started.

(3.) THE facts are practically admitted, and the main question for consideration is whether the offence under Section 188, I. P. C. , can be said to have been established.