MOHD SHAFI QURESHI Vs. DISTRICT MAGISTRATE, SRINAGAR

JUDGEMENT

(1.) THIS is a petition under section 103 of the Constitution of Jammu and Kashmir for issuing an appropriate writ for quashing the order passed by respondent No. 1 under rule 50 of the Jammu and Kashmir Security Rules read with cabinet Order No. 708 -C of 1953 dated 26the June, 1953 and for striking down the rule under which the order was made, being ultra vires the Constitution. The petition was filed on 3rd September, 1953 and the District Magistrate alone was cited as respondent. Permission was sought to amend the petition and the amended petition was filed on the 9th of September, 1963 in which the State of Jammu and Kashmir also was made respondent.

(2.) THE facts which have led up to the petition, briefly stated, are as follows : -

(3.) IN reply to this petition the respondents averred that on receipt of the applications from petitioners reports were called from the concerned police who reported that feelings of certain political parties in particular and the public in general had already been injured by the provocative speeches delivered by the petitioners who willfully intended to disturb the public peace and if public meetings were allowed to be held by the petitioners there was a likelihood of serious breach of peace. The District Magistrate denied the fact that any pressure was brought to bear upon him from any quarter to refuse the permission sought for. It was further stated by him that he refused permission for holding the meetings purely in the interest of public safety and order and not for any collateral or ulterior reason. He admitted that the permission was refused under rule 50 of the Jammu and Kashmir Security Rules read with Cabinet Order No. 708 -C of 1953 dated 25th June, 1953. The allegations and insinuations made in paragraph 5 of the petition were all denied.