- (1.) S. K. Phaujdar, J. In the above applications the same order dated 11. 8. 98 recorded by the City Magistrate, Mathura, under Section 144, Cr PC has been chal lenged and as such the two matters were heard together and are being disposed of by this common judgment.
(2.) THE first mentioned application was initially filed as a writ petition bearing No, 26633 of 1988 and was accordingly pre sented before a Division Bench. Subse quently, it was converted to one under Section 482, Cr PC and has been regis tered under the present number. The second mentioned application was initially filed under Section 482, Cr PC jurisdiction. It was then made a writ petition and was again converted to one under Section 482, Cr PC and the present number has been attributed to it. The order impugned in both these applications stand annexed in Annexure A-1 to the second mentioned application. Through this order the City Magistrate, Mathura. indicated that he had perused the reports of the police officers and was of the opinion that it was necessary to stop busi ness transactions in certain shops within the Krishna Janambhoomi premises at Mathura, wherein an Idgah is also situated as a question to upkeep of peace and law and order was involved. It was stated in the order that the shops, 31 in number, for which the order was issued were situated within the Janambhoomi premises at Mathura and the traders in those shops used to bring their commodities even day from outside and carry them back again. Checking at the main gate was there but it was not feasible to check every material brought in, especially those which were in closed receptacles. It was apprehended that as a result of failure of full checking a se rious threat to the security of the Janambhoomi Premises and the Shahi Idgah Masjid might arise (ghambhir khatra uttpann ho gayan ho sakta hai. ). It was further indicated that if any explosion or other serious instance occurred within the premises, it will not only disturb the security of the premises but also of the State and the whole coun try, giving rise to communal tension. It was indicated that the shops in the Krishna Janambhoomi premises were un der the occupation of the traders of the Hindu community owing allegiance to different Hindu Organisations and it was possible that some particular organisations (fa fpitf'i) for the purpose of achieving its own end could use these shop keepers and traders as medium of their activities. It was also indicated in the order that in the name of saleable commodities, explosives could be brought in and persons having extremist movements could sneak into the premises and could cause damage to the Krishna Janambhoomi and Shahi Idgah Masjid.
(3.) ONLY upon these apprehensions the City Magistrate felt that all these 31 shops should stop their business completely and should vacate the shops in view of the maintenance of security and peace and the Magistrate expressed satisfaction with the opinion of the Superintendent of Police Mathura that a great rush of pilgrims was expected on the Janamashtami day (15. 8. 98) and, as such, it was absolutely necessary to stop with immediate effect any business transaction in these shops and to get them vacated on a priority basis. The order also indicated that the Supreme Court had directed in writ petition No. 131 of 1997 that for protection of the Krishna Janam Bhoomi and Shahi Idgah Masjid any necessary steps could be taken by the State Government and any order to the contrary by a court subordinate to the Su preme Court would not be effective. By this order, the City Magistrate had forbid den the following : (1) Running business in the aforesaid 31 shops bearing specific numbers as indicated therein; (2) Opening the shops or bringing any commodities thereto or taking out the same therefrom; (3) Entry into the Janambhoomi premises with firearms and other dangerous arms or materials for instigating anybody from doing it, barring the officers deputed for keeping law and order; (4) Organising any meeting within the premises or outside, making out exciting speeches or publishing pamphlets or papers or printing any material to give vent to religions sentiments or communal tension; and (5) Spreading any rumour or allowing oth ers to spread rumours. As a question of public security and peace was involved, the order was passed ex pane indicating therein that the same would be effective from 12. 8. 1998 till 11. 10. 98. In their application the appli cants in the above two cases indicated that the Krishna Janambhoomi premises are managed by a committee known as Krishna Janamsthan Seva Sansthan (in short, 'sansthan), it was stated that the Sansthan was out to evict the shop keepers by hook or crook. Suits were filed before the Small Causes Courts for evicting these shop keepers from the aforesaid shops on the ground of termination of their licenses. The court found that the applicants were not licencees or trespassers but were ten ants in respect of the premises under their possession and the suit was not maintain able under the Provincial Small Causes Courts Act. The Sansthan want up in ap peal before the District Judge but the lower Court's order was confirmed. Subse quently, the order under Section 145 (1) of the Cr PC (in short the Code) was passed by the City Magistrate, Mathura, in March, 1995 on the basis of the police report. The High Court was approached in a criminal revision and the order of the City Magistrate was stayed. It was asserted in the instant appli cations that having failed to achieve their goal, the Sansthan got the State machinery moved to make an amendment in the rent control legislation and the amendment was also challenged in CM. W. P. No. 10833 of 1995 and the Sansthan was restrained from dispossessing the tenants otherwise than in accordance with law. It was stated that the attempt to oust them has taken the worse shape by way of making an order under Section 144 of the Code.;