Debabrata Mookerjee, J. - (1.) This is a Rule calling upon the District Magistrate of Burdwan to show cause why the proceedings pending against the petitioners under Section 143, Indian Penal Code and under Section 6(6), West Bengal Security Act, 1950 should not be quashed.
(2.) The petitioners who are 20 in number are taking their trial before Sri B. N. Chatterjee, Magistrate, 1st Class, Asansol, who after examining several witnesses framed two charges against the petitioners on 30-4-1954. The charges that have been framed read as follows: "(1) That you, on or about 9-11-1954 at Burnpur, P. S. Hirapur were members of an unlawful assembly the common object of which was to cause annoyance to the police officers on duty by violating order under Section 144, Criminal P. C. which was in force then over that area and thereby committed an offence punishable under Section 143, Indian Penal Code. (2) That you on or about the same day at the same place loitered in the vicinity of Burnpur works declared to be a protected place by Government Notification No. 5306 P. D/- 22-8-1953 without any permit from the proper authority and thereby committed an offence punishable under Section 6(2), W. E. S. Act."
(3.) The notification referred to in the second ccunt of charge above which was published in an extraordinary issue of the Calcutta Gazette on 22-8-1953 declared that the Indian Iron and Steel works at Burnpur, Asansol, bounded by the Works on all sides, were a protected place as defined by the West Bengal Security Act, 1950,;