RAM PRASAD MANDAL Vs. KING

JUDGEMENT

(1.) The nature of the applications and their inter-connection will become apparent as I state the facts. No, 618 is an application by one Ram Prasad Mandal of village Dewanganj, P.S. Partapganj, within the Supaul sub-division of the Saharsa sub- district, for transfer of proceedings under Section 107, Criminal P.C. (Criminal Miscellaneous Case No. 64--T.R. 202 of 1917) from the Court of Mr. S.S.A. Nazir, Magistrate 1 class, Supaul, where they are pending, to any Magistrate in the neighbouring sub-division of Madhipura or to Saharsa. It is stated that two landlords of village Dewanganj, Mr. H.S. Bennett and Babu Lakshmi Narain Lall Das, have disputes with their tenants. In 1917 proceedings under Section 144, Criminal P.C., were instituted at the instance of one Ram Lakhan Das, a tenant, against Mr. Bennett. The result was, however, that on 5 September 1947, an order under Section 144 was passed not against Mr. Bennett, but against the tenants, and, as a result of matters disclosed in those proceedings the same day the then Sub-divisional Magistrate, Mr. S.C. Misra, initiated proceedings under Section 107, Criminal P.C. against the petitioner, Ram Prasad Mandal. While these proceedings were pending, it is said that Lakshmi Narain Lall Das filed a petition before Babu Pancham Narain Singh, President of the Local Thana Congress Committee, and, on 17 November 1947, Pancham Narain Singh sent this to the Sub-divisional Magistrate with an endorsement which must be quoted in full: Enclosed is a petition of one Babu Lakshminarain Lall Dass of Fulkahi against one Ram Prasad Mandal and his associates. It is enough to say that Ram Prasad Mandal of Dewanganj has formed a very formidable gang of persons who have been causing innumerable harms and mischiefs to the law-abiding, respectable as well as poor innocent persons of Mouza Chilauni, Tola Dewanganj, Fulkai and Babuthan. Due to his ill and nefarious propaganda people have gone mad and are ready to loot and harvest standing crops of big persons and Babu Lakshmi Narayan Lall Das and Mr. Bennett of Dewanganj. It has become the method of the gang to cut down and collect paddy of those people with whose lands the gang have practically no connection at all. Such a very bad situation has been created by this Ram Prasad Mandal and his followers that almost all the peace-abiding people having standing crops of paddy in their lands find themselves insecure and unsafe to harvest and bring it to their farm as he (Ram Prasad Mandal) has declared to loot it. Nearly all well-to-do people and public workers know fully about his nefarious activities. There is every likelihood of a breach of the peace during the present harvesting. Hence I request you to kindly take suitable action against the man in due time to prevent the bloodshed, loot and murder by detaining the man in custody at least for the period of harvesting of paddy. He has also incited and ordered his gang and other people to graze the lands of those persons who do not cooperate with him and his party.

(2.) At this time the Section 107-prooeedings were still pending in the Sub- divisional Magistrate's Court, and on 22nd November, on receipt of this communication, the Sub-divisional Magistrate recorded this order in the order sheet: Heard. Also perused and considered two petitions, one sent by Mr. Bennett and the other by Babu Lakshminarain Lall Das, together with a full report of the President, Thana Congress Committee, about the situation prevailing in the locality due to the activities of Ram Prasad Mandal. It is obvious from these petition's and the report of the Thana Congress Committee that Ram Prasad Mandal has now become so violent that a serious breach of the peace may be apprehended at any moment. This situation has become all the more aggravated due to the impending harvesting season in which Ram Prasad Mandal and his associates appear to be inciting people to indiscriminately and forcibly harvest paddy even in fields in which they cannot have even a semblance of right. In a situation like this the only step that can succeed in preventing a serious breach of the peace is the prevention of Ram Prasad Mandal from having unrestricted movements. I, therefore, demand an interim bond of Rs. 500 with two sureties of the like amount each for keeping the peace during the pendency of this proceeding. Ram Prasad Mandal is committed to hajat pending the execution of this interim bond. The enquiry shall proceed. To my file for disposal. Call upon Mr. Bennett, Mr. Lakshmi Narain Lall Das petitioners and the President, Thana Congress Committee, to produce their witnesses on 19 December 1947. On 19th, the Sub-divisional Magistrate notes: The A.P.P. files a petition that he has tested the evidence and he prays that the proceeding should be converted into one under Section 110, Criminal P.C. The number of charges mentioned in the amended proceeding is so many as to justify a proceeding under Section 110, Criminal P.C. Let the proceeding be, therefore, converted from Section 107 to Section 110, Criminal P.C. Draw up a fresh proceeding and let it be immediately served on the opposite party. He may show cause, if any, on 3 January 1948. No police report was called for before making this order. Against it Ram Prasad Mandal moved the Sessions Judge, and on 16 January 1948, the learned Sessions Judge set aside the conversion order, saying that before making it the petitioner should have been given a chance to show cause.

(3.) Meanwhile Ram Prasad Mandal seems to have been released on furnishing interim security, because on 26 April we find an order: Ram Prasad Mandal is absconding. Issue today nonbailable warrant of arrest as well as processes under Secs.87 and 88, Criminal P.C., against the accused for 17 May 1948. The other party present with witnesses. Ram Prasad Mandal shall, therefore, pay a sum of Rs. 50 as cost to the opposite party Mr. Bennett. His petition for time Is rejected.