JUNAS SURIN Vs. STATE

JUDGEMENT

(1.) These three applications have been heard together, as a common point arises in them. The petitioners have been convicted under Section 9(4), Bihar Maintenance of Public Order Act, 1949, and variously sentenced. It appears that permission had been obtained from the Deputy Commissioner of Ranchi to hold a meeting of the Adibasi Mahasabha. In Criminal Revision 600, the meeting was to be held on 12-11-1949, in the afternoon, at village Sonpurgarh, in Criminal Revision 601, the meeting was to be held on 15-11-1949 at village Raniya; and, in Criminal Revision 602, the meeting was to be held on 14-11-1949, at village Tapkara. The three villages are within the jurisdiction of Torpa Police Station in the district of Ranchi. The permission granted by the Deputy Commissioner of Ranchi to hold the various meetings made it a condition that no firearms, bows, arrows or other lethal weapons would be carried in the meetings.

(2.) The petitioners in the three applications were prosecuted on two charges, firstly, for having committed a breach of the condition mentioned in the permit to hold the meeting by carrying bows and arrows, and, secondly, for having contravened a notification No. 17716-C., dated 25-6-1949, published in the Bihar Gazette of the same date. This notification was made in exercise of the powers conferred by Sub-section (1) of Section 6, Bihar Maintenance of Public Order (No. 2) Ordinance, 1949, and directed that no public meeting or procession shall be held without the permission of the District Magistrate or the Additional District Magistrate of the district. The prosecution alleged in all the three cases that, in contravention of this notification, the petitioners had led a procession to the meeting ground.

(3.) The petitioners in the three applications were tried at separate trials. The petitioners have been acquitted of the charge that they had broken the condition of the permit by carrying bows and arrows, on the ground that there was no evidence that these petitioners had carried bows or arrows. They have, however, been convicted for having led a procession to the meeting ground in breach of the notification mentioned above.