Birendra Pd. Sinha, J.

Both these applications were heard together and are being decided by a common judgment. The petitioners have challenged the notice issued to them under section 3 (1) of the Bihar Control of Crimes Ordinance, 1979 contained in Annexure 1 of their respective applications. It appears that Naresh Singh, petitioner in Cr.W.J.C. No. 134 of 1979, surrendered in the court of the Chief Judicial Magistrate, Nawadah on 7.7.79 in Kowakole P.S. case No. 12 (6) 79, under section 323, 147 and 448 of the Indian Penal Code (subsequently converted into section 307 of the Indian Penal Code) and was remanded to jail custody. Petitioner Suresh Singh (petitioner in Cr.W.J.C. No. 135 of 1979) was arrested and was remanded to Jail custody by the Chief Judicial Magistrate, Nawadah, on 4.4.79 in the same case. These cases have been initiated on the basis of an information lodged by one Kanhai Manjhi. The petitioners were ordered to be enlarged on bail in the said case by the Sessions Judge, Gaya, on 14.7.79. They furnished bail bonds and the release order was issued from the court of the Chief Judicial Magistrate, Nawadah, on 16.7.79. They were, however, not released by the Jail authorities because, in the meanwhile, a custody warrant had been issued by the respondent Dist. Magistrate, Nawadah on 13.7.79 in case no. 6 (Crimes) 1979 and case No. 7 (Crimes) 1979, under the Bihar Control of Crimes Ordinance, 1979, against the two petitioners, respectively. The petitioners learnt that a proceeding under section 3 (1) of the said Ordinance had been initiated against them and they were called upon to appear before the respondent Dist. Magistrate on 26.7.79 at 10.30 A.M. to tender an explanation regarding the material allegations alleged in the notice. That notice, as stated earlier, is contained in Annexure 1 of the two applications and is dated 17.7.79. Copies of the said notice were also forwarded to the Jailor of Nawadah Jail for service on the petitioners and they were served upon them while in custody. A counter affidavit on behalf of the respondents and reply to the said counter affidavit has been filed in both the cases, which shall be referred to later on.

2. Shri Balbhadra Pd. Singh, learned counsel appearing on behalf of the petitioners in both these writ applications, made the following submissions:

(i) The proceedings initiated against the petitioners are ultra vires the powers of the respondent Dist. Magistrate.

(ii) The notices issued to the petitioners are based on false premises and are mala fide in nature.

(iii) The respondent Distt. Magistrate, in abuse of his powers, falsely imprisoned the petitioners from 14.7.79 to 30.7.79, the date on which they were released on bail by the order of the High Court.

3. The relevant portion of the notice (Annexure 1) in Cr.W.J.C. No. 134 of 1979 reads thus : Form 1. (See Rule 4).

Whereas it appears to me on the basis of information laid before me that Sri Naresh Singh son of Shri Bishun Singh of village Telarli, P. S. Kauakole dist. Nawadah is an anti-social clement, that is to say that he indulges in promoting caste feelings between member of forward castes and other weaker section of the society (Harijans) and committing atrocities on them in various ways.

(b) His movements or acts in Telari area are causing or calculated to cause alarm, danger or harm to person or property of the Harijans and other peace loving citizens and thereby he is likely to engage himself in the commission of the offence punishable under the I.P.C. He is pressurizing the Harijans to withdraw case which has been instituted against him for assaulting the members of the Harijan Community.

And where as the material allegations against him in respect of the aforesaid clauses (a) (b) are of the following nature:

1. That he has been made accused in the Kawakole P.S. case No. 12 (6) 79 u/s 147/323/448/I.P.C. for committing assault to Harijans of village Telari for refusing to work unless, they get proper labour c