LEAKAT HUSAIN Vs. EMPEROR

JUDGEMENT

(1.) This Rule was issued upon the Chief Presidency Magistrate to show cause why the conviction of the petitioner and the sentence passed upon him should not be set aside on the ground that the order of the Commissioner of Police dated the 4th August 1912 does not come within the scope of Clause (4) of Section 62 A. of the Calcutta Police Act (Act IV B.C. of 1866) and Clause (4) of Section 39A of the Calcutta Suburban Police Act (Act II B.C. of 1866). The two sections are in identical terms and were inserted in the Acts referred to by the Calcutta and Suburban Police (Amendment) Act (Act III B.C. of 1910).

(2.) Clause (4) runs as follows: "The Commissioner of Police may also, by order in writing, prohibit any procession of public assembly whenever and for so long as he considers such prohibition to be necessary for the preservation of the public peace or public safety: Provided that no such prohibition shall remain in force for more than seven days without the sanction of the Lieutenant-Governor".

(3.) The facts of the case are these. The petitioner, Leakat Husain, describes himself as a Swadeshi preacher. He says that since some time in 1905, he has led hundreds of processions in Calcutta; and elsewhere in furtherance of the Swadeshi movement. On the 3rd August 1912, Sub-Inspector, S.C. Mitra, received a printed notice from the petitioner, being a copy of a notice which he had published, or was intending to publish, inviting the public to take part in two processions and meetings on the 7th August. On the 4th August, the Commissioner of Police passed the following order: Whereas it appears to the Commissioner of Police that it is necessary for the preservation of the public peace that he should prohibit any procession or public assembly in which you, Leakat Husain have or may have any concern whatsoever on the 7th August 1912, within the Town and Suburbs of Calcutta, the Commissioner of Police, in pursuance of the provisions of Section 62A Clause (4) of Act IV of 1866 B.C. and Section 39A Clause (4) of Act II of 1866 B.C. as modified up to the 1st June 1910, hereby prohibits you, the said Leakat Husain, from having any concern whatsoever with any procession or any public assembly on the 7th day of August 1912, within the limits of the Town and Suburbs of Calcutta.