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Gaddam Venkatasubba Reddi Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in100Ind.Cas.709
AppellantGaddam Venkatasubba Reddi
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898), section 144 - duty of magistrates to protect civil rights of parties--section 144, when to be resorted to. - orderwallace, 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, where as in this case, the district magistrate must be aware that there will probably be a disturbance of the petitioner's 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 if 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.....
Judgment:
ORDER

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, where as in this case, the District Magistrate must be aware that there will probably be a disturbance of the petitioner's 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 if 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 petitioner's 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 petitioner's cost for sufficient protection. It is not a proper course to do nothing to meet the crisis and then call in Section 144, Code of Criminal Procedure, to tide him over it. The District Magistrate must in future consider in time, whether other measures, less incompatible with petitioner's civil rights are not available which will enable him to secure that petitioner's 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.


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