B BANSGOPAL Vs. EMPEROR

JUDGEMENT

(1.) This revision has been referred to a Full Bench by a Division Bench because it was considered that it involved an important question of law requiring an authoritative pronouncement. It appears that after the promulgation of Ordinance No. 2 of 1932, called the Emergency Powers Ordinance, by the Governor-General, the same was extended to the United Provinces, and the Local Government extended its provisions to the districts of these provinces, including Fatehpur, on 9 January 1932, and the power under Section 4 of the Ordinance, was delegated by the Local Government to the District Magistrate of Fatehpur sometime before 12 January 1932.

(2.) On 12 January 1932 the District Magistrate of Fatehpur issued a notice, called an order, to the applicant, Babu Bansgopal, under Section 4, United Provinces Emergency Powers Ordinance No. 2 of 1932, prohibiting- him from making any speech or instigating in any way non-payment of rents or attending any meeting and procession, and to abstain from all acts conducing to lead to any kind of disturbance or breach of public peace in Fatehpur District and not to go outside the confines of the Municipality without previous permission. This notice or order was served on the applicant on 13 January 1932. On this very date, namely, 12 January 1932, the Criminal Law Amendment Act, 1908, was extended to the United Provinces. This was followed by an order of the Local Government dated 15 January 1932 declaring the District Congress Committee of Fatehpur, among other bodies, to be an unlawful association within the meaning of the Criminal Law Amendment Act, 1908.

(3.) One Madan Mohan was arrested at a public meeting, which was being held at Bindki in the district of Fatehpur on 21 January 1932, and a document, Ex. D, is said to have been recovered from his person., This purported to bear the signature of the accused, Bansgopal, and was addressed to a person named Sheo Shankar but bore no date. In consequence of the discovery of this document the accused, B. Bansgopal, was arrested and ultimately prosecuted. The case before the Magistrate came up about March. 1932 and was going on when Ordinance No. 2 of 1932 expired on 3 July 1932. Before the expiry of this Ordinance Ordinance No. 10 of 1932 came into force on 30 June 1932.