- (1.) THIS is a Rule for contempt of court against Mahabir Singh (Respondent no. 1) and Baldev Malhotra (Respondent No. 2), the Chief Commissioner and Deputy Commissioner respectively, of the Andaman and Nicobar Islands, for an alleged violation of the interim order issued on 4. 9. 67. in the principal rule - C. R. 1630 (W) of 1967 -a proceeding under Article 226 of the Constitution. The interim order was issued on the following terms : "there will be an interim order of injunction in term of prayer (e) of the petition. But the opposite parties shall be at liberty to determine in accordance with law, the application for renewal of the licence, if any, by the petitioner. " In order to appreciate the scope of the interim order, we have, therefore, to advert to the text of prayer (e) of the petition under Article 226, which was as follows : "interim injunction restrainng the respondents, their servants and or agents from obstructing and/or interfering with the business of your petitioner and from giving any further effect to the said purported decision and the said communication till the disposal of this application. "
(2.) WE are, again, led to what the "said purported decision and the communication" was, as to giving any further effect to which the respondents were enjoined by the interim order at injunction. This decision and the communication, dated the 6th and 11th april, 1967, respectively, are to be found at Anns. B. and C of the application for proceeding in contempt, and the contents thereof, in short are as follows: ann. B. the decision of 6. 4. 67: this is a letter addressed by the secretary to the Chief Commissioner to the petitioner-applicant, a firm called nancowrie Trading Company on the subject of grant of trading licence and says - "i am to forward herewith Licence no. 2 authorising you to carry on general trade or business in the Reserved area mentioned therein for a period of six months from the 1st. April, 1967 to 30th September, 1967. 2. I am to add that no extension of the licence will be granted after the 30th September, 1967 and you are therefore requested to formulate a purely Nancowrian trading Company so as to take over the trade, failing which it would be taken over by the Administration at the expiry of the period of six months from the 1st of April, 1967. " ann. C the communication of 11. 4. 67 : this letter issued by the Deputy commissioner (Respondent No. . 2) to the petitioner Co. is in the nature of elucidation of the decision contained in ann. B. Three of the paragraphs of this letter are relevant: "the trade licence would, under no circumstances, be extended beyond the 30th September, 1967. I am to request that urgent steps should be taken to reorganise the Nancowrie trading Company into a cooperative society or a company of purely tribals of Nancorie and other Islands in the southern group so as to enable them to take over the entire trade with effect from the 1st October, 1967. It may be noted that in case the tribals of southern group of the Nicobar islands fail to organise themselves to take over the trade with effect from 1. 10. 67 the trade in its entirety would be taken over by the Administration with effect from the 2nd October, 1967. "
(3.) AT this stage, a brief narration of the facts leading to the petition under article 226 would be useful. The andaman and Nicobar Islands (Protection of Aboriginal Tribes) Rules, 1957, provides for the grant of a pass authorising the pass-holder to enter and remain in the Reserved Area of the Islands for the purposes mentioned in the Pass and a Licence authorising the licensee to carry on the trade or business mentioned in the License and subject to the conditions thereof. According to section 6 (1) of the Andaman and Nicobar islands (Protection of Aboriginal Tribes) Regulation, 1956, no person can carry on any trade or business within the Reserved Area without obtaining a licence from the Chief Commissioner. Admittedly the Nancowry group of Islands to which the petition relates, falls within the Reserved Area. The conditions of the licence oblige the licencee, inter alia, to maintain "an efficient system of procurement, supply and distribution" of the authorised articles, to hold a sufficient stock of them, and the sale or purchase of those articles shall be subject to the rates specified by the chief Commissioner.;