EMPEROR Vs. MDEBRAHIM

JUDGEMENT

(1.) On 5 April 1941, the District Magistrate of Burdwan rendered -to this Court his monthly statement showing the state of the files in the Courts of the Magistrates of his district at the e February, 1941. In that statement case No. G.R. 1091 of 1940, Emperor V/s. Ebrahim and 83 others, under Secs.147, 333, 353 and 379, Indian Penal Code, was shown as pending for over three months in the Court of Mr. P.L. Dhar, Deputy Magistrate, first class, Asansol. The explanation of the delay in disposing of the case concluded with the words: The pleader for the Crown filed a remand petition on 6 March 1941 praying for an adjournment sine die on the ground that the Government wished that the case should not be taken up until further instructions were received from Government. The case was therefore adjourned sine die.

(2.) Upon that, the Registrar of the appellate side of this Court called for the record of that case from the District Magistrate of Burdwan. That record was received and examined and after an examination of it a rule was issued by this Court upon the District Magistrate of Burdwan to show cause why the order of Mr. P.L. Dhar, Deputy Magistrate, first class, Asansol, dated 5 March 1941, in Case No. G.R. 1091 of 1940 should not be set aside or such other or further order made as to this Court seemed fit and proper. A copy of that rule was served upon the Crown. The Crown, through the Deputy Legal Remembrancer, has appeared before us to-day.

(3.) The facts of the case are as follows : On 22 September, 1940, at a place about one mile north-west of Kulti police station in the Asansol sub-division, a body of Hindu processionists approached a certain place where there was a mosque. A body of police some of whom were armed took up a position with a view to preventing disturbances. A body of some three hundred Mahomedans . took up another position close-by. The police after attempts to preserve order opened fire both upon the Mahomedans and upon the Hindus who both eventually dispersed. The police made certain arrests from both Mahomedans and Hindus amounting to 84 in all -about half of them being Hindus and half of them Mahomedans. The persons arrested were brought before the Magistrate concerned at Asansol. They were eventually, as far as one can ascertain, all granted bail. On 18 October 1940, charge sheets were received against each one of them alleging offences under Secs.147, 353, 151, 148, 332, 341 and 107, Indian Penal Code. On 23 October 1940, the Magistrate, Mr. P.L. Dhar, examined one prosecution witness for four hours and then adjourned the case to 15th November 1940 for further prosecution witnesses. On 15 November 1940, he records : "Examined one prosecution witness only when the Public Prosecutor files a remand as desired by Government for an adjournment till first week of December." He then adjourned the case to 6 December 1940 for further prosecution witnesses. The "remand" so called that was filed by the Public Prosecutor was as follows: I have the honour to submit that I have been told by the Sub-divisional Officer, Asansol, that the benign Government wishes the case to be adjourned to some day in the first week of December next. I therefore pray that the case be accordingly adjourned.