Das, J.

1. The five petitioners have been convicted of contravening an order passed under Sec. 6, Bihar Maintenance of Public Order (NO. 2) Ordinance, 1919, and sentenced to rigorous imprisonment for one year each. Sec. 6 of the said Ordinance, so far as it is relevant for our purpose, reads thus:

"The Provincial Government may, for the purpose of securing the public safety OR the maintenance of public order, by general or special order, prohibit, restrict or impose conditions upon, the holding of or taking part in public processions, meetings or assemblies."

On 25-6-1949, the Provincial Government pass-ed the following order purporting to act under the provisions of Sec. 6:

"In exercise of the powers conferred by Sub-section (1) of Sec. 6, Bihar Maintenance of Public Order (No. 2) Ordinance, 1949, and for the purpose of securing the public safety and the maintenance of public order, the Governor of Bihar is pleased to direct that no public meeting or procession shall be held without the permission of the District Magistrate or the Additional District. Magistrate of the district; Provided that this order shall not apply to marriage and funeral processions or to condolence m