( 1 ) THIS is an application under Articles 226 and 228 of the Constitution for an order that the case against the applicant before the Judicial Officer, Lucknow, be withdrawn and disposed of by this court and that the proceedings in the lower Court be stayed.

( 2 ) LEARNED counsel has urged that in view of the provisions of Article 19 (1) (a) of the constitution the learned Magistrate was not justified in passing an order under Section 144, criminal P. C. It is further urged that Section 144 itself is ultra vires as it places unreasonable restriction on the right of a citizen conferred by Article 19 (1) (a) of the Constitution. The facts, as they appear from the application, are that the applicant came to Lucknow and on 15/3/1953, at about 4-30 P. M. a notice was served on him signed by the City Magistrate, Lucknow, that it had come to his notice that the applicant was going to deliver a speech in support of the Praja parishad Agitation in Jammu and on the Jammu and Kashmir question generally and that in the prevailing communal excitement in the city such a speech was likely to cause further excitement and breach of public peace and tranquillity. It is said in para 9 of the petiti

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