Judgment

SHAH, J.:- The High Court of Patna has declared the second part of sub-s (6) of Section 144 of the Code of Criminal Procedure ultra vires. Sub-Section (6) reads:

"No order under this section shall remain in force for more than two months from the making thereof; unless, in cases of danger to human life, health or safety, or a likelihood of a riot or an affray, the State Government by notification in the Official Gazette, otherwise directs."

In the view of the High Court, an order made by the State Government extending the duration of an order under Section 144 imposes an unreasonable restriction on the fundamental freedom of the citizens, because the order of the State Government is not subject to judicial scrutiny and the Code provides no machinery for applying for an order of rescission or alteration of the order.

2. Section 144 is enacted to provide for making temporary orders in urgent cases of nuisance or apprehended danger, where immediate prevention or speedy remedy is desirable. It provides that when a Magistrate competent in that behalf is of the opinion that there is sufficient ground for proceeding under the section, and immediate prevention or speedy remedy is desi