SATINDRA NATH SEN GUPTA Vs. EMPEROR

JUDGEMENT

(1.) This is a rule granted to the petitioner Satindra Nath Sen Gupta on certain grounds mentioned in the petition. Proceedings were taken under Section 107, Criminal P.C., against the petitioner on 18 March last by the Sub-Divisional Magistrate of Barisal and after hearing the evidence the Sub-Divisional Magistrate directed him to execute a bond of Rs. 5,000 with two sureties of Rs. 2,500 each to keep the peace for one year. On appeal to the learned Sessions Judge the order requiring security was upheld but the amount of the bond was reduced to Rs. 500, together with two sureties of Rs. 250 each.

(2.) The facts found by the learned Sessions Judge in concurrence with the Sub-Divisional Magistrate are that the petitioner is the leader of the Satyagraha movement in the district of Bakerganj, the object of which is to enforce the right of the Hindus to lead processions with music before mosques on public highways at all times. The assertion of such a right, to use the words of the learned Judge, has excited the Mahomedans and they decline to let any procession with music pass in front of their mosques. On 16 March 1927 the Sub-Divisional Magistrate, in view of the state of feelings then existing between the Hindus and the Mahomedans, issued an order under Section 144, Criminal P.C. prohibiting any such procession upon the ensuing Doljatra day which would be held either on 18 or 19 March. On the morning of 17 March a Hindu procession tried to pass Lakhutia which we are told is a place within the Barisal sub-division, but owing to the objection of certain Mahomedans the procession withdrew. On the same evening the Superintendent of Police sent for the petitioner and asked him what his attitude was with regard to the prohibitory order made by the Magistrate under Section 144. The petitioner stated in his presence and that of the District Magistrate who came in during the meeting, to use the words of the learned Judge, that he would lead processions with music before mosques highways and would not desist either for the opposition of the Mahomedans nor for any orders of the police or the Magistrate. The learned Judge observes: As he is a leader of a large number of young men he was in the circumstances arrested on 18 March and the present proceedings were instituted against him.

(3.) The question for our decision is whether in the circumstances such an order-requiring the petitioner to execute a bond should be sustained. A great volume of evidence was laid before the Sub-Divisional Magistrate and it was accepted by him as well as by the learned Sessions Judge. He found this, to quote the words from the judgment of the learned Magistrate: Put in a nutshell, the case for the Grown is that Satindra Nath Sen had during a period of extremely strained feeling between the two communities on religious matters enunciated the principle that it was the Hindus inherent right to pass with music before all mosque, at all times of the day and night. In pursuance of this principle he had collected men and money and had organized a movement commonly known as the Satyagraha movement. His followers were numerous and loyal to him. He had been responsible for processions at Meghia and Barisal which had flouted orders lawfully promulgated and he had asserted that he would resort to violence if necessary. During the Doljatra festival in spite of orders under Section 144, Criminal P.C., he told the District Magistrate that if he organized a procession it would be on the lines of the others for which he had been responsible. Further he was prepared to organize these processions before any mosque in the district where Mahomedans opposed it. The prosecution has succeeded in proving these facts and alleges that Satindra Nath Sen is in a position to carry out his threats. In the present condition of the district, action as described above is likely to lead to dashes between the two communities and disturbances of the public tranquility are probable.