KASHI BASHI SAHA FIRM Vs. EMPEROR

JUDGEMENT

(1.) THE petitioners in this case were ordered under Section 2, Eastern Bengal and Assam Disorderly Houses Act, to discontinue the use of a certain house as brothel. THEy have moved this Court and obtained the rule on the ground that the preliminary notices served on the petitioner and others having asked them to show cause as to why they should not vacate the holdings was wholly illegal and as such the proceedings based thereon and the orders passed were without jurisdiction. Now apparently the notice which was in Bengali did contain a direction to vacate the house. THE learned Magistrate in his explanation says that this may be due to insufficient knowledge of the staff in a mufassil office. THE learned Magistrate who signed the notice was himself a Bengali gentleman and it was his duty to see that the notices he signed are correct. He cannot refuge be hind the ignorance of his staff. Possibly this might be due to his own ignorance of the provisions of law. Be that as it may, the notice to show cause why they should not vacate the house is clearly not a notice contemplated by the Act and is therefore illegal. THE order based on such notice is therefore bad and must be set aside.

(2.) IT is of course open to the Magistrate to proceed, if he thinks fit, against the petitioners on a properly drawn up notice.