BRAJNANDAN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application on behalf of one Brajnandan Sharma under Article 226 of the Constitution of India for a writ preventing the Government from enforcing an order under Clause (b) of Sub-section (1) of Section 2, Bihar Maintenance of Public Order Act, 1949 (Bihar Act III [3] of 1950) restricting the petitioner's movements by forbidding him from going to any place in the districts of Singhbhum and Manbhum. The order is in the following terms:

(2.) This order is dated 6th January 1949, but that is obviously a clerical error for 6th January 1960, when in fact the order was passed. It was, thus passed before the New Constitution came into force on 26th January, and Mr. Awadhesh Nandan Sahay, who represents the petitioner, concedes that he could not successfully challenge the order before 26th January. His contention is, however, that on the Constitution coming into force, the restrictive provisions in Act III [3] of 1950 and also the order passed thereunder became void under Article 13 (1) of the Constitution read with Articles 19(1)(d) and 19(5). Article 13(1) says :

(3.) Secondly, Mr. Sahay contends that whatever may be said about the Act, there were, in any case, no reasonable grounds for this order. The petitioner had not done anything to merit it. It was passed mala fide because the petitioner was the General Secretary of the Tatas Collieries Labour Association, which wag registered as a Trade Union as far back as 1930 and duly recognised by the employers, the Tata Iron and Steel Company Limited, and the Government was trying to support a rival Trade Union under the auspices of the Indian National Trade Union Congress (I. N. T. U. C.).