JAYANTILAL MOHANLAL PATEL Vs. ERIC RENISON COMMISSIONER OF POLICE AHMEDABAD

JUDGEMENT

(1.) The petitioner is a citizen of India residing in the city of Ahmedabad. He has filed this petition for a declaration that any notification issued either by respondent No. 1 or 2 under sec. 144 of the Code of Criminal Procedure announcing that a person committing breach of such order shall be liable to be shot at is illegal and inoperative and for an appropriate writ against the respondents restraining them and their agents from taking any action under the said notification.

(2.) The facts of the case briefly stated are as under. On account of the disturbed conditions in the city of Ahmedabad the Commissioner of Police Ahmedabad City issued under sec. 144 of the Code of Criminal Procedure an order on 27th January 1974 (hereinafter referred to as `the curfew order as it is otherwise known). The material part of that order when translated into English reads as under. Whereas tense situation prevails in the area of the City of Ahmedabad under the jurisdiction of the Police Commissioner on account of violent incidents resulting from breaking of shops arson and stone-throwing and since human lives are in danger there are sufficient reasons under the aforesaid circumstances to issue the curfew order and I am satisfied that there are sufficient reasons for making an ex parte order also. Therefore I. E N. Revision I.P.S. Police Commissioner Ahmedabad City in exercise of the powers conferred upon me by sec. 144 of the Code of Criminal Procedure 1898 order that the persons residing in the areas specified in the Schedule hereto and the occasional visitors to the places specified in that Schedule shall not move about loiter stand walk ride or drive any vehicle during the hours and on the dates specified in the said Schedule on any roads public thorough-fares highways lanes and by-lanes. Then follows the Schedule which describes the areas to which the curfew order has been made applicable and specifies the dates and hours during which it shall remain in operation. The Schedule further states as exceptions the classes of persons to whom it shall not apply and the circumstances under which it shall not apply to them The last paragraph of this curfew order states that the order shall be announced in the city of Ahmedabad through loud-speakers carried on vehicles the local press and by affixing copies thereof at public places. The endorsement made below the curfew order shows that it was sent for publication in the Official Gazette and that a copy thereof was also sent to this High Court. The Department of Information Government of Gujarat made on the same date an important announcement. It has been styled as Important Announcement. The announcement contains 11 clauses which when translated into English read as follows. 1 Armed forces have been called in aid of civil authorities to quell the disturbances in the City of Ahmedabad and to maintain law and order. The armed forces shall enter upon their duties at 12 noon on January 28 1974 2 The curfew will be relaxed at 6 a.m on 28th January 1974. It shall be enforced again from 12 noon the same day and will continue to be in force until another order is made in that behalf. 3 The curfew shall be enforced very strictly. It is advisable that all persons concerned return home before the operation of the curfew commences. 4 If anyone moves out of his house during curfew hours he is likely to be shot at. 5 Persons holding permits recognized during curfew hours and identity cards should hold their permits and identity cards in their hands in such manner as they are clearly visible and then approach the security forces. Such persons shall be permitted to move further only after they have been completely identified. 6 If stones or any other substances are thrown from any place including a house it shall be regarded as an objectionable act and there will be a possibility of such an offender being shot at. 7 The owner of a house from where stones are thrown shall be held liable for it and he shall be proceeded against accordingly. 8 The following classes of persons are exempted and on the production of their identity cards they will be allowed to move during curfew hours for the performance of their essential duties. (a) Members of police fire-brigade red-cross ambulance home-guards and military forces. (b) Mill-workers doctors and nurses shall have to produce their identity cards. (c) Such of the employees of the Railway Municipal Corporation Ahmedabad Electricity Company and Posts and Telegraph Department as have been given by the Heads of their institutions identity cards for the purpose of performance of their duties in emergency. 9 All curfew permits issued until now shall cease to be recognized with effect from 12 noon on 28th January 1974. New permits will be issued under the authority of the Police Commissioner and they will be available from the office of the Director Anti-Corruption Bureau Bungalow No. 17 Camp Ahmedabad. 10 Temporary permits will be available from the nearest Police Station in case of an emergency. 11. If the situation so demands all curfew permits issued and the exemptions granted shall be liable to be withdrawn at any time without any notice. The curfew order and the announcement were broadcast to the people by All India Radio and were widely published the next day in English and Gujarati daily news-papers circulating in the city. It may be noted that the Important Announcement issued by the Department of Information Government of Gujarat has reference to the armed forces being called in aid of civil authorities to maintain law and order in the city.

(3.) The petitioner has alleged that the press and the radio had in the wake of the curfew order and the Important Announcement announced in their turn to the people that anyone who commits breach of the curfew order would be liable to be shot at. This averment made by the petitioner has not been controverted by the Commissioner of Police in his affidavit-in-reply.