RAMESHWAR KOERI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE two writ applications have been taken up together as the points involved are the same. Twice before they were dismissed for default but were later restored.

(2.) THESE are applications under Articles 226 and 227 of the Constitution of India for quashing the notices issued by the District Magistrate of Saran on 4.5.1979 under Section 3(1) of the Bihar Control of Crimes Ordinance 1979 (annexure -'1' to each of the petitioners). The main ground is that the notices are vague and they do not give sufficient details to the petitioners so as to enable them to submit any show cause. They age also said to have been mechanically issued without the District Magistrate having applied his mind to them. In this view of the matter, the notices are said to be without jurisdiction and as such liabre to be quashed.

(3.) THE learned counsel for the petitioners took us through the notices contained in annexure -'1' to show that they are more or less only repetition of the provisions contained in Section 3 of the Ordinance. Specific instances to enable the petitioners to give an effective show cause are absolutely lacking. They have been described as "anti social elements" but it was contended that they do not come within the definition of "anti social element" contained in Section 2(c) of the Ordinance. They are said to have been accused in cases under Sections 25 and 26 of the Arms Act, 1959. The definition of "anti social element" given in Section 2(c) of the Ordinance applies only in respect of persons who have been convicted under those Sections and does not apply to persons who are only standing trial for the offences under those Sections, there is no dispute on this point.