RAMKHELAWAN PODDAR Vs. KING

JUDGEMENT

(1.) It is essential at the outset to relate the material facts giving rise to this rule.

(2.) On 14-11-1946, Provincial Government issued a notification Under Section 6 (1), Bihar Maintenance of Public Order Ordinance, 1946. By this notification, Government banned all processions, meetings, or assemblies except with the permission of the District Magistrate. The Ordinance was repealed on 15-3-1947, but the notifications issued under it were kept in force by Section l9, Bihar Maintenance of Public Order Act, 1947. The applicants were prosecuted before a Magistrate on the allegation that on 11-12-1948 they had assembled in uniforms to hold R. S. S. parade in the compound of the hospital at Teghra. On 29-12-1948 the learned Magistrate convicted the applicants Under Section 6 (4) of the Act and sentenced them to suffer rigorous imprisonment for three months each and to pay a fine of Rs. 500 each. On 5-2-1949 the learned Sessions Judge upheld the conviction but reduced sentence of imprisonment to the period already undergone and the amount of fine to Rs. 300 each.

(3.) The first argument in Support of the rule is that the notification issued by the Provincial Government is beyond the scope of the powers conferred Under Section 6, Bihar Maintenance of Public Order Ordinance. Learned Advocate referred to the unreported decision, Ramkhelawan Singh v. The King (Cr. App. No. 270 of 1948 decided on 8-12-1948) in support of his argument.