Jaina Gazette 1936 02

SR No.: 034892
Original Sutra Author: N/A
Author: Ajitprasad, C S Mallinath
Publisher: Jaina Gazettee Office
Publication Year: 1936
Total Pages: 38
Language: English
Classification: Book_English
File Size: 5 MB

Page 32

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THE JAINA GAZETTE the courts below had adopted was that the applicants did something which was illegal by refusing to obey the order of the Qanungo lo dismount from their conveyances. The Sessions Judge referred to section 31 of the Police Act which laid down that it was duty of the police to keep order on public roads and in public streets and tho. roughfares and all other places of public resort to prevent obstructions, and to section 32 which provided punish. ment for persons who did not obey the orders of the police under section 31. The Sessions Judge was of opinion that the Qanungo in his capacity as a police officer was entitled under section 31 of the Act to ask the applicants to dismount from their conveyances and that the refusal of the applicants to obey the Qanungo was an illegal act which would afford provocation that might cause the offence of rioting to be committed.
His Lordship said there was no doubt that the police had power to regulate the conduct of the public in streets and thoroughfares in the interests of the communiy at large, but the difficulty in this case was that it was neces. sary to draw a line somewhere in order to prevent undue interference with the rights of the subject. There had been no pronouncement on the question of custom and, therefore, it was at least doubtful whether the applicants had not the right to be carried through the village site in their conveyances on the occasion of their marriage proc. essions. It did not appear that their being so carried would obstruct the thoroughfare or would amount to an unfair or improper use of the thoroughfare by other persons entitled to make use of it. On the other hand, the question arose whether the police had the right to prevent a legal act by any person in a publice thoroughfare merely upon the ground that such act was objected to by