( 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 circu