- (1.) AMITAVA Lala, J. All the aforesaid matters are related to necessity and requirement of notice under Section 3 of the Uttar Pradesh Control of Goondas Act, 1970. Since the cause of action of the individual cases are uniform in nature, all the aforesaid matters are taken up together for the purpose of disposal by this solitary judgment having binding effect on all the writ petitions, after making scrutiny of the cases individually.
(2.) THE Uttar Pradesh Control of Goondas Act, 1970 (hereinafter referred to as the 'act') was promulgated with an intention for the control and suppression of Goondas with a view to maintenance of the public order. Section 2 (a) and (b) of the Act, is as follows : " (a) "district Magistrate" includes an Additional District Magistrate specially empowered by the State Government in that behalf; (b) 'goonda' means a person who- (i) either by himself or as a member or leader of a gang, habitually commits or attempts to commit, or abets the commission of an offence punishable under Section 153 or Section 153-B or Section 294 of the Indian Penal Code or Chapter XV, Chapter XVI, Chapter XVII or Chapter XXII of the said Code; or (ii) has been convicted for an offence punishable under the Supression of Immoral Traffic in Women and Girls Act, 1956; or (iii) has been convicted not less than thrice for an offence punishable under the U. P. Excise Act, 1910 or the Public Gambling Act, 1987 or Section 25, Section 27 or Section-29 of the Arms Act, 1959; or (iv) is generally reputed to be a person who is desperate and dangerous to the community; or (v) has been habitually passing indecent remarks or teasing women or girls; or (vi) is a tout; Explanation.-'tout' means a person who- (a) accepts or obtains, or agrees to accept or attempts to obtain from any person for himself or for any other person, any gratification whatever as a motive or reward for inducing, by corrupt or illegal means any public servant or member of Government, Parliament or of State Legislature, to do or forbear to do anything or to show favour or disfavour to any person or to render or attempt to render any service or disservice to any person, with the Central or State Government, Parliament or State Legislature, any local authority, Corporation, Government Company or public servant; or (b) procures, in consideration of any remuneration moving from any legal practitioner interested in any legal business, or proposes to any legal practitioner or to any person interested in legal business to procure, in consideration of any remuneration moving from either of them, the employment of legal practitioner in such business; or (c) for the purposes mentioned in Explanation (a) or (b), frequents the precincts of civil, criminal or revenue Courts, revenue or other offices, residential colonies or residences or vicinity of the aforesaid or railway or bus stations, landing stages, lodging places or other places of public resort; or (vii) is a house-grabber. Explanation.-'house-grabber' means a person who takes or attempts to take or aids or abets in taking unauthorised possession or having lawfully entered unlawfully remains in possession, of a building including land, garden, garages or out- houses appurtenant to a building. " Scope and ambit of Section 3 of the Act, which is relevant for the purpose of consideration, as also as follows : "3. Externment, etc. of Goondas.-Where it appears to the District Magistrate- (a) that any person is a Goonda; and (b) (i) that his movements or acts in the district or any part thereof are causing, or are calculated to cause alarm, danger or harm to persons or property; or (ii) that there are reasonable grounds for believing that he is engaged or about to engage, in the district or any part thereof, in the commission of an offence referred to in sub-clause (i) to (iii) of clause (b) of Section 2, or in the abatement of any such offence; and (c) that witnesses are not willing to come forward to give evidence against him by reason of apprehension on their part as regards the safety of their person or property - the District Magistrate shall by notice in writing inform him of the general nature of the material allegations against him in respect of clauses (a), (b) and (c) and give him a reasonable opportunity of tendering an explanation regarding them. (2) The person against whom an order under this section is proposed to be made shall have the right to consult and be defended by a Counsel of his choice and shall be given a reasonable opportunity of examining himself, if he so desires, and also of examining any other witnesses that he may wish to produce in support of his explanation, unless for reasons to be recorded in writing the District Magistrate is of opinion that the request is made for the purpose of vexation or delay. (3) Thereupon the District Magistrate on being satisfied that the conditions specified in clauses (a), (b) and (c) of sub-section (1) exist may by order in writing- (a) direct him to remove himself outside the area within the limits of his local jurisdiction or such area and any district or districts or any part thereof, contiguous thereto, by such route, if any, and within such time as may be specified in the order and to desist from entering the said area or the area and such contiguous district or districts or part thereof, as the case may be, from which he was directed to remove himself until the expiry of such period not exceeding six months as may be specified in the said order; (b) (i) require such person to notify his movements or to report himself, or to do both, in such manner, at such time and to such authority or person as may be specified in the order; (ii) prohibit or restrict possession or use by him of any such article as may be specified in the order; (iii) direct him otherwise to conduct himself in such manner as may be specified in the order, until the expiry of such period, not exceeding six months as may be specified in the order. "
(3.) ACCORDING to the petitioners, there should not be any mechanical reasoning in the notice. The Act is not punitive but preventive. Therefore, if the notice is defective, all proceedings taken on the basis of such notice are void ab initio. Since the challenge is thrown in respect of the notice to be issued on the part of the District Magistrate being part and parcel of the State infringing the right of the citizens, writ lies challenging the notice. Whenever certain thing is directed by law to do in certain manner, the same has to be done accordingly. The legal notice under preventive law is to be made with the subjective satisfaction of the cause. In 1981 All. C. J. 385, Ramji Pandey v. State of U. P. and Ors. , a Full Bench of this High Court considered the point of issuance of notice stating therein general nature of material allegations. Factually in that case the District Magistrate, Ballia, issued a notice to the petitioner therein directing him to appear before him at a particular date and time to give his explanation in writing as to why an order should not be passed against him. The petitioner instead of appearing before the District Magistrate filed the writ petition under Article 226 of the Constitution of India challenging validity of the notice. The question arose before such Bench what does the expression "general nature of material allegations" denote. The expression "material allegations" has not been defined under the Act. According to the dictionary meaning, the word "material" means important and essential of significance. The word "allegation" means statement or assertion of facts. Thus, the notice under Section 3 (1) of the Act should contain the essential assertions of facts in relation to the matter set out in Clauses (a), (b) and (c) of sub-section (1) of Section 3 of the Act. It need not to refer any evidence or other particulars or details. The name of witnesses, and persons who may have made complaint against the person against whom action is proposed to be taken or the time, date and place of the offence committed by the person need not be mentioned in the notice. There is a distinction in between "general nature of material allegations" and "particulars of allegations". In the former notice need not give any details of the allegations, instead the requirement of law would be satisfied if the notice contains a general statement of facts, which need not contain any details or particulars.;