Abdur Rahim, J.

1. There is absolutely no warrant for the order of the Sub-Divisional Magistrate. There is no evidence to show that the accused were likely to commit a breach of the peace or disturb the public tranquility or do any act, which would probably occasion a breach of the peace. All that is found is that on a previous occasion, about a year ago, the Nadars asserted their right to carry palkis through the public street on occasions of marriage, and there was a breach of the peace as some people in the village opposed the Nadars taking palkis in procession on the ground apparently of the Nadars caste which, in their opponents estimation, is not high enough to justify their using palkis during marriage. Nothing particular happened at the time the present proceedings were instituted, except that the marriage season was fast approaching and the police and the Sub-Divisional Magistrate were apprehensive that if the Nadars insisted on their right as before and the other party opposed them there might be a disturbance. It is not even shewn that the accused had any marriages to celebrate in their family, and that they were preparing to carry palkis in procession. All that is a