Decided on August 29,1951

Amrit Bhattacharjya Appellant
THE STATE Respondents


Thadani, C.J. - (1.)THIS is a petition under Article 226 of the Constitution of India for a writ of 'Habeas Corpus' in the matter of an order, dated 11 -4 -51, passed against the petitioner by the Governor of Assam under Clauses (b), (c), (d), (e) and (f) of Sub -section (1) of Section 2, Assam, Maintenance of Public Order Act, 1947 (Act 5 of 1947), as amended. The order is in these terms:
"No. C. 739/49/24. - -Whereas the Governor of Assam is satisfied with respect to you, Shri Amrita Bhattacharjee alias Shib Chakravarty, s/o Ambica Bhattacharjee, of village Raigarh, P.S. Golapganj, Dist. Sylhet, of Silchar Town, and Dhubri Town, Assam, that with a view to prevent you from acting in a manner prejudicial to the public safety and the maintenance of public order, it is necessary to make the following order :

Now, therefor, in exercise of the powers conferred by Clauses (b), (c), (d), (e) and (f) of Sub -section 1 of Section 2, Assam Maintenance of Public Order Act, 1947 (Act 5 of 1947), as amended, the Governor of Assam is pleased to direct you to observe and abide by the following conditions for a period of six months with effect from the date of service of this order.

1. That you shall remain and reside within the limits of Silchar Town in the District of Cachar and shall not leave the area without the written permission of the District Magistrate, or, in his absence, that of the Additional District Magistrate.

(2.)THAT you shall not associate or communicate with the persons to be named by the District Magistrate, or in his absence, by the Additional District Magistrate, Cachar, from time to time in the interest of public safety.
That you shall not attend, address and participate in any political meetings, private or public, and shall not join or organise any political demonstration or procession.

(3.)THAT you shall report in person to the O. C., Silchar P. S., every Monday between the hours of 10 A.M. to 4 P.M.

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