HAREN KALITA Vs. THE STATE

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution. The petitioner, who claims to be working for the upliftment of the workers and peasants of Assam, has moved against an order of internment, dated 11 -8 -52, passed by the Governor of Assam, purporting to have been made by him in the exercise of the powers conferred by Clauses (b), (c), (d), (e) and (f) of Sub -section (1) of Section 2 read with Sub -section (4) of that section of the Assam Maintenance of Public order Act, 1947 (Act 5 of 1947) as amended. This order was subsequently confined by the Governor on 23 -10 -1952, after a consideration of the report of the Advisory Council.

(2.) THE petitioner has moved for a Writ to quash the orders in question and a Rule nisi was issued by this Court on 23 -2 -53. The matter has, therefore, been heard in the presence of the opposite party, the State of Assam which has shown cause against the Rule.

(3.) THE order in question directs that for a period of twelve months, with effect from the date of service of the order, the petitioner should remain and reside within the limits of the Gouhati town, P. S. Gauhati, and should not leave the area without the written permission of the District authorities; that the petitioner should not associate or communicate with persons carrying on subversive activities and inciting people to violence; that he should not attend any meeting in which speeches inciting people to violence or to carry on activities subversive of the security of the State are delivered; that he should not disseminate or propagate any rumour or false news or any matter which may directly or indirectly incite people to violence; that he should every Monday, between the hours of 10 A. M. to 4 P. M. report in person to the Officer -in -Charge of Gauhati Police Station; and lastly, that he should execute a Personal Recognizance Bond of Rs. 500/ - within 15 days of the time of the service of the order, with two sureties for the like amount, for the due performance of the conditions aforesaid and undertake to produce himself whenever called upon to do so, and on failure, to forfeit the bond in question.