TMI Blog1975 (12) TMI 168X X X X Extracts X X X X X X X X Extracts X X X X ..... is satisfied that illegal forward trading (satta) in agricultural commodities is being practised on a large scale through the following telephones installed in the rooms/cabins in the premises of the Coronation Hotel, Fatehpuri, Delhi, thereby affecting adversely the price of the supply essential to the life of the community. Whereas public emergency exists and the Administrator, Delhi is satisfied that the continuation of satta at the aforesaid premises through the telephones given above is prejudicial to public interest and as such it is necessary to take temporary possession of all the aforesaid telephones from the premises in question. Another order in similar terms was made on December 4, 1972 by the Administrator for taking over certain other telephones. Four subscribers, who were affected by these orders challenged their validity by writ petitions in the High Court. A Bench of the High Court allowed those petitions and quashed the orders in question on the ground that resort cannot be had to s. 5(1) of the Act for taking temporary possession of the subscribers telephones. The General Manager, Telephones, Delhi also, made orders on November 28, 1972 and December 5, 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... word emergency in Rule 422 is not qualified by the prefix public , instead, the words used are any emergency . The High Court negatived these contentions. In its opinion, the requirement of notice could be dispensed with under r. 422 if the General Manager, Telephones, was satisfied that the telephones were being used by the subscribers for illegal forward trading and that such use was contrary to public interest in view of the existence of economic emergency. It further held that the words any emergency in Rule 422 include an economic emergency , and on the basis of the certificate in regard to the existence of an economic emergency issued under s. 5, by the Delhi Administration. The Divisional Manager was competent in exercise of his powers under Rule 422 to pass the impugned orders. In the result, it set aside the decision of the learned Single Judge and dismissed the writ petition with the observation that the telephone authorities should treat these disconnections as temporary and allow the petitioners to get back their connections, if the General Manager is satisfied that the emergency caused by the shortage in supply of the commodities on which the forward tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the period for which the connection or service was given. 422. Right of disconnection in emergency.-The Divisional Engineer may, in the event of any emergency, disconnect any subscriber, with or without notice. In case such disconnection exceeds a period of seven days, the subscriber shall be entitled to proportionate refund of rent. 427. Illegal or improper use of telephones.-A subscriber shall be personally responsible for the use of his telephone. No telephone shall be used to disturb or irritate any person or for the transmission of any message or communication which is of an indecent or obscene nature or is calculated to annoy any person or to disrupt the maintenance of public order in any other manner contrary to any provision of law. Section 5(1), if properly construed, does not confer unguided and unbridled power on the Central Government/State Government/Specially Authorised Officer to take possession of any telegraph. Firstly, the occurrence of a public emergency is the sine qua non for the exercise of power under this section. As a preliminary step to the exercise of further jurisdiction under this section the Government or the authority concerned must recor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of the Divisional Engineer, appears to be a necessary pre-requisite to the exercise of the power under this rule. It is significant that while s. 5 speaks of the occurrence of a public emergency , satisfaction with regard to the existence of which is to be recorded by the appropriate authority mentioned in that section, Rule 422 purports to empower the Divisional Engineer to take action thereunder in the event of any emergency . The scope of the words any emergency in Rule 422 is apparently wider than the expression public emergency used in s. 5. It follows that the satisfaction is regard to the existence of any emergency under Rule 422 is to be of the Divisional Engineer. He has to arrive at such satisfaction rationally on relevant material which may include any certificate or report of the appropriate Government as to the occurrence of a public emergency . The requirement of recording such satisfaction by the Divisional Engineer, with reasons therefor, is implicit in the Rule. That will be a minimal safeguard against arbitrary exercise of this drastic power. In this connection, it will not be out of place to mention here, that sub-section (2) of s. 5 which made the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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