AGHORE CHANDRA DEB BARMA AND ORS Vs. STATE

JUDGEMENT

(1.) This is an application in revision under Sec. 439 Crimial P.C. by Shri Aghora Chandra Deb Barma and 6 others against their conviction under Sec. 32 of the Police Act by the S. D. M., Sadar, Tripura, They have been sentenced to pay a fine of Rs. 20.00 each. Their revision petition to the: Sessions Judge, Tripura, failed, so they have come in revision to this Court.

(2.) The material facts giving rise to this revision petition are these: The Superintendent of Police, Tripura, Issued a notification under Sec. 30(2) of the Police Act on 4-4-60, requiring any person intending, during the period from 8th April to 7th July, I960, to convene or collect an assembly on a public road and to form a pro- cession In the public streets at Agartala, to submit to him an application at least 3 days before any date that might be fixed for such assembly or procession.

(3.) On 30-5-60, at about 4-00 p. m. the petitioners Shrl Aghore Chandra Deb Barma, Dwijen Dey, Sudhanya Deb Barma, Sushil Kumar Chanda, Durgapada Sikdar, Kartik Chandra Deb Barma and Sital Rudra Pal, directed a procession consisting of about 1000 persons Including mostly tribal people, a few muslims, and refugees carrying communist flags and shouting slogans -- "We demand the release of fasting prisoners" -- "We demand the release of comrade Mohan Choudhury" -- Go ahead with the civil disobedience movement" -- "Put a stop to police lulum" etc. The procession was coming from the south along the Agartala Bishalgarh road and proceeding northwards towards the town of Agartala. P. W. 2, A. S. I. Chunilal Bardhan Roy of Kotwali P. S., who was on mobile patrol duty challenged the procession near the Carmichael Bridge. He asked the leaders of the procession as to whether they had any license for taking out the procession into the town; but he was informed that the processionists have no license and that they would conduct the procession without any license. Thereafter the accused-petitioners led the procession by uttering slogans via Battaia along Hark ganga Basak road towards east into the town.