INDERDEO SINGH Vs. STATE

JUDGEMENT

(1.) The five petitioners have been convicted of contravening an order passed under Section 6, Bihar Maintenance of Public Order (NO. 2) Ordinance, 1919, and sentenced to rigorous imprisonment for one year each. Section 6 of the said Ordinance, so far as it is relevant for our purpose, reads thus:

(2.) The allegation against the petitioners was that on 15-8-1949, a day set apart for the celebration of independence of this country, the petitioners along with other members of the communist party took out a procession in order to join a public meeting convened by the said party near a lower primary school of village Kazi Fatu Chak, for the purpose of proclaiming the creed of the party and condemning those in charge of the Government of the country. The Sub- Inspector of Police of Barbigha police station, received an information that such meeting was going to be held, and having received that information on 14-81949, he went to the place on 15th, saw the procession and disperse it before any meeting could be held. The five petitioners, it was alleged, headed the procession, carried communist flags and shouted slogans condemning capitalism and praying for the destruction of what had been termed as " Jawahar Raj " meaning probably the authority of the Prime Minister of India.

(3.) The Courts below found the petitioners guilty of contravening the order quoted above, inasmuch as no permission of the District Magistrate or the Additional District Magistrate was taken for holding the procession in question,