Roy, J.

[1] This is a reference under Section 432, Criminal P. C., by the learned Judicial Officer of Jaunpur for a decision as to whether or not Section 144, Criminal P. C., is ultra vires as it offends against : Article 19(1) (a) of the Constitution of India.

[2] On 9-9-1950, an order under Section 144, Criminal P. C., was promulgated by the District Magistrate of Jaunpur with a view to prevent breach of peace and to maintain public tranquillity. One of the clauses contained in that order was that no one shall arrange, organise or take part in any demonstration whatsoever. The order was to remain in force from 15-9-1950 to 31-10-1950, both days inclusive. It was alleged on behalf of the prosecution that on 27-9-1950, Deadley Misra in contravention of that order organised a public meeting at the crossing in Mohalla Tikli Tola and took part in a demonstration and raised slogans like "Inqilab Jindabad. Socialist Party Zindabad". etc. The learned Magistrate held the accused guilty of breach of the order under Section 144, Criminal P. C., punishable under Section 188, I. P. C.

The learned Magistrate, however, observed that since Article 19(1)(a) of the Constitution of India gav