The duty of the executive to exhaust all available measures to uphold civil rights before resorting to Section 144 of the Code of Criminal Procedure.

Wallace, J.

1. It is the obvious duty of the executive to uphold the civil rights declared by its own Civil Courts. Any omission to do that is a confession of failure in duty. No doubt, the interests of the public peace are paramount, but, whereas in this case, the District Magistrate must be aware that there will probably be a disturbance of the petitioners civil rights at recurring seasons every year, it is his duty to exhaust every measure at his disposal to uphold declared civil rights before he abandons the attempt, and he should resort to Section 144 of the Code of Criminal Procedure only when there is no time or opportunity for any other course. I am not satisfied in this case that all such other measures were used. The District Magistrate, for example, by taking thought in time--it is part of his duty to take thought in time--could have those who threaten to, interfere with the petitioners civil rights bound over to keep the peace, or might have got down sufficient force to meet the crisis, or could perhaps have arranged even at the petitioners cost for sufficient protection. It is not a proper course to do nothing to meet the crisis and then call in Section 144 of the Code of Criminal Procedure to tide him over it. The District Magistrate must in future consider in time whether other measures, less incompatible with petitioners civil rights are not available which will enable him to secure that petitioners civil rights are upheld without any real danger to the public peace, and, if they are available, adopt them in time.

2. With these remarks this petition is dismissed.