GAYA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioners in these writ applications have questioned the validity of the Bihar Control of Crimes Ordinance, 1978 (herein- after referred to as "the Ordinance") and a prayer has been made on their behalf for quashing the notices issued to them by the respective District Magistrates in purported exercise of the powers conferred on them by sub-section (1) of Sec. 3 of the said Ordinance. According to the petitioners, as the Ordinance itself is ultra vires, the notices issued to them amount to exercise of power without any authority in law. As common question of law is involved in all these writ applications they were heard together and are being disposed of by a common judgment.

(2.) The preamble of the said Ordinance states the object thereof "to make special provisions for the control and suppression of anti-social elements with a view to maintenance of public order'. "Anti-social element" has been defined under Sec. 2 (c) as follows :

(3.) Sub-section (1) of Sec. 3 provides that when it appears to the District Magistrate (a) that any person is anti-social element, and (b) that his movements or acts in the district or any part thereof are causing or are calculated to cause '. alarm, danger or harm to person or property ; or that thers are reasonable grounds for believing that he is engaged in commission of any offence punishable v under Chapter XVI or Chapter XVII of the Indian Penal Code or certain other Acts mentioned therein or abetment of such offences, he shall by notice in writing inform him of the general nature of the material allegations against him and shall give him a reasonable opportunity of tendering an explanation against him. In view of sub-section (2) of Sec. 3, the person against whom a notice is issued has a right to consult and be defended by a counsel and has to be given reasonable opportunity of examining himself or examining any other witness. Under sub-section (3) of Sec. 3, the District Magistrate, on being satisfied that the conditions specified in sub-section (1) of Sec. 3 exist, he may by order in writing :