BODI ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two applications have been heard together, and this judgment will govern them both. On the 29th of September 1951, the State Government of Bihar passed two externment orders, one against Sri Sadhan Gupta, petitioner in Criminal Miscellaneous No. 465 of 1951, and the other against Bodi Alam, petitioner in Criminal Miscellaneous No. 464 of 1951. The externment orders stated, 'inter alia' that in exercise of the powers conferred by Clause (a) of Sub-section (1) of Section 2 of the Bihar Maintenance of Public Order Act, 1949 (Bihar Act III of 1950), the Governor of Bihar was pleased to direct that the petitioners shall not, with effect from the date of service on them of the order, be in any place in the Dhanbad subdivision of the district of Manbhum in the State of Bihar. The grounds of the externment orders were drawn up on the same date, namely, the 29th of September 1951, and were communicated to the petitioners on the 2nd October 1951. It is, I think, unnecessary to state the grounds in detail. The grounds may be summarised thus: (1) it was stated that on different dates from April 1951 to August 1951, the two petitioners incited colliery labourers at different coal mines to acts of violence against the management etc.; the collieries mentioned were Murlidih Colliery, Khas Dharmubad Colliery etc; (2) it was alleged that as a result of the incitement to violence several occurrences took place, and criminal cases were instituted; (3)-it was further stated that the petitioners excited the labourers against a rival trade union, namely, I. N. T. U. C. Union; and (4) it was finally alleged that the petitioners disobeyed the orders passed under the preventing sections of the Code of Criminal Procedure, which again resulted in certain criminal cases against them.

(2.) Both the petitioners, it appears, made representations to the State Government against the orders of externment. They say that they da not know what happened to those representations.

(3.) On the 22nd November 1951, the petitioners filed applications to this Court under Article 226 of the Constitution of India. On the 28th of November 1951, we issued a Rule, and the Rules have been heard today.