R.C. Lahoti, J.

The Rajasthan Sati (Prevention) Ordinance 1987 was promulgated by the Governor of Rajasthan on 1.10.1987. The following Sections of the Ordinance are relevant for our purpose and hence are extracted and reproduced hereunder:-

2(b) "glorification", in relation to Sati, includes, among other things, the observance of any ceremony or the taking out of a procession in connection with the Sati or the creation of a trust or the collection of funds or the construction of a temple with a view to perpetuating the honour of, or to preserve the memory of the person committing Sati.

2(c). Sati means the burning or burying alive of any widow alongwith the body of her deceased husband or with any article, object or thing associated with the husband, irrespective of whether such burring is voluntary on the part of the widow or otherwise.

5. Punishment for glorification of Sati Whoever does any act for the glorification of Sati shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to seven years and with fine which shall not be less than five thousand rupees but which may extend to thirty thousand rupees.

Part -III

Power of Collector and District Magistrate to prevent of offences relating to Sati

6. Power to prohibit certain acts - (1) Where the collector and District Magistrate is of the opinion that Sati is being or is about to be committed in any area, he may, by order, prohibit the doing of any act towards the commission of Sati in such areas and for such period as may be specified in the order.

(2) The Collector and District Magistrate may also, by order, prohibit the glorification in any manner of the commission of sati by any person in any area of areas specified in the Order.

(3) Whoever contravenes any order made under sub-sec (1) or sub-sec (2) shall, if such contravention is not punishable under any other provisions of this Ordinance, be punishable with imprisonment for a term which shall not be less than one year but which may extend to seven years and with fine which shall not be less than five thousand rupees but which may extend to thirty thousand rupees.

19. Removal of doubts - For the removal of doubts, it is hereby declared that nothing in this Ordinance shall affect any temple constructed for the glorification of Sati and in existence immediately before the commencement of this Ordinance or the continuance of any ceremonies in such temple in connection with such Sati.

2. The Ordinance was replaced by the Rajasthan Sati (Prevention Act 1987 which received the assent of the President on 26th November, 1987. Sub-Section (3) of Section 1 provides that it shall be deemed to have come into force on 1st October 1987. The relevant provisions of the Act with which we are concerned remain the same as they were in the Ordinance excepting that the word Act has been replaced for the word Ordinance wherever it occurs.

3. In exercise of the powers conferred by Section 6(2) of the Ordinance, the Collector and District Magistrate, Jaipur issued the following order on 6th October, 1987:-

"In exercise of powers vested in me vide Section 6(2) of the Rajasthan Sati (Prevention) Ordinance, 1987 I, J.N. Gaur, Collector & District Magistrate, District; Jaipur, Jaipur do hereby prohibit with immediate effect, the glorification of the commission of Sati in any manner in District Jaipur, by any person or Association of persons.

Issued on the 6th of October, 1987 under my hand and seal of my office.

(J.N. Gaur)

(Collector & District Magistrate)

Jaipur"

4. The Ordinance does not require the order of the Collector issued under Section 6(2) of the Ordinance to be published in the official gazette so as to be effective. Undisputedly, the order was not published in the official gazette. The manner in which the order was publicized can best be demonstrated by quoting from the judgment of the High Court:-

311.... the Collectors order dated 6.10.1987 relating to Rajasthan Sati (Prevention) Ordinance, 1987 had