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9. In reply the first argument which the learned Advocate General has raised is that though the curfew order is a statutory order, it does not threaten anyone with being shot at. Therefore, according to him, neither the petitioner nor any citizen cnn make any complaint of the present type against that order. He U right in his submission that the curfew order is the only statutory order by a statutory authority and that it by itself does not threaten anyone with any such thing for its breach. But we are unable to uphold his argument that the petitioner or for that matter any citizen residing in this city cannot make before us any complaint of the present type. Along with the issuance of the curfew order the 'Important Announcement' was issued. Clauses 4 and 6 of that announcement make express reference to the likelihood or possibility of a curfew breaker being shot at. When Clause 4 is read in light of the preceding clauses it appears to us to be stating that there is a likelihood of a curfew breaker being shot at. Great stress has been laid by the learned Advocate General on its character. He has argued that the directions which the 'Important Announcement' contains are not statutory. He is right in his submission that they are not statutory directions. But we cannot overlook that it is an official publication for all citizens to obey and the law and order forces to act upon. He has indeed argued that the instructions contained in the 'Important Announcement' are not the instructions for the law and order forces to act upon. We are unable to uphold that argument of his. All the 11 directions contained in the 'Important An. nouncement' have been reproduced by us hereinabove. Clause 3 of the 'Important Announcement, inter alia, states that the curfew order shall be strictly enforced. It is both a direction to the law and order forces to enforce it strictly and to the members of the public to obey it. Similarly, CI. 4 states that a curfew breaker is likely to be shot at. Unless the law and order forces have been instructed to shoot at curfew-breakers there was no point in warning 'he members of the public against any such danger. Similarly, Clause 5 directs the permit holders or the holders of identity cards to display their permits or identity cards clearly in their hands and to approach the security forces who in their turn would allow such persons to proceed further if they are fully satisfied with their identity. It is both a direction to the law and order forces in the matter of enforcing the curfew order and also a warning and advice to the members of the public as to how in such a situation they should act. Similarly, Clause 6 which renders liable the owner of a house front; where stones are thrown states that any person who indulges in any such activity is liable to be shot at. Unless there is a direction to the law and order forces to shoot at such a miscreant there is no point in warning the members of the public against any such danger. Similarly, Clause 8 which specifies the exempted categories of persons is more intended for the law and order forces to act upon than fop any other purpose. Similarly, Clause 9 which provides for cancellation of all permits issued prior to 28th January, 1974 is both an advice to the members of the public and a direction to the law and order forces not to honour any such permit. By necessary implication the latter part of Clause 9 provides that permits issued by the Office of the Director, Anti- Corruption Bureau, Ahmedabad shall be valid permits. It is a direction to the law and order forces to honour such permits. Clause 10 which provides for issuance of temporary permits by the nearest Police Station to a person placed in an emergency is both a direction to the law and order forces to issue such permits and an advice to the members of the public. In our opinion, therefore, the executive directions contained in the 'Important Announcement' are both directions to the law and orders forces and an advice or warning to the members of the public. The reference to armed forces mado in Clause 1 of the 'Important Announcement' appears to us to be a reference to the provisions of Section 129 of the Code of Criminal Procedure. It provides that if any such assembly cannot be otherwise dispersed, and if it is necessary for the public security that it should be dispersed, Magistrate of the highest rank who is present may cause it to be dispersed by the armed forces." Sub-section (1) of Section 130 which has an implied reference to Section 129, inter alia, provides that When a Magistrate determines to disperse any such assembly by the armed forces, he may require any officer thereof in command of any group of persons belonging to the armed forces to disperse- such assembly with the help of the armed forces under his command, and to arrest and confine such persons forming part of it as the Magistrate may direct, or as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law.

10. It has been argued by the learned Advocate General that the directions contained in the 'Important Announcement' are not intended to hold out to the members of the public any threat but that they have been issued to them only for their safety. Whether they are directions issued for public safety or whether they have an element of threat therein depends, in our opinion, upon what impression they produce upon the public mind and upon the mind of law and order forces. That is the test which, in our opinion, must bo applied. The reasons why we adopt this test are as follows. The Government issues official executive directions for what the learned Advocate General calls public safety, but the ultimate action which may be taken in pursuance thereof depends upon those who are actually charged with the maintenance of law and order. The Government which issues them does not itself implement them. Similarly, the Commissioner of Police who is the Head of the police forces in the city himself does not implement them. In the affidavit-in-reply made by the Commissions of Police be has averred that the intention underlying the aforesaid executive directions was to inform the members of the public that they might endanger their lives if they committed breach of the- curfew order and if shooting operations were going on to maintain law and order situation. In other words, he is asking us to adopt the test of intention. While looking at and analysing the aforesaid executive directions, in our opinion, no such test can be applied because what is material is not what the Commissioner of Police or the State Government intended but what law and order forces, in charge of the actual implementation of the curfew order, and the members of the public who were subjected to the observance thereof understood, because the law and order forces, in charge of the actual implementation of the curfew order, seek or purport to derive their authority to shoot at a curfew-breaker from the official directions and not from the intention of the Commissioner of Police or the State Government It may be noted that the curfew order itself does not state what jeopardy a curfew-breaker subjects himself to. The danger or jeopardy or liability to which a curfew-breaker subjects himself is written in Section 188 of the Indian Penal Code which lacs of citizens and thousands of members of the law and order forces can hardly be expected to read, much less understand. It is what is written in the 'Important Announcement' that the citizens and law and order forces read or are supposed to read. It is that document which is, therefore, very important. Since, in our opinion, they are the directions issued to the members of the law and ordel forces and an advice or warning to the members of the public, the law and order forces are supposed to act upon them while implementing the curfew order. In other words, it is their de facto source of power or authority to act against a curfew-breaker. Such executive directions cannot, in our opinion, lay down any consequences different from those which Section 188, I. P. C. lays down. The test of intention to which the Commissioner of Police has averred in his affidavit-in-reply is, therefore, irrelevant and inapplicable.

11. The next argument which the learned Advocate General has raised before us is based upon the construction of Cls. 4 and 6 of the 'Important Announcement.' It is true that Clause 4 in particular states that there is a likelihood of a curfew-breakef running the risk of being shot at. In his attempt to convince us that Clause 4 of the 'Important Announcement' does not lay down anything which is different from law, he has asked us to apply the test of literal construction. In our opinion, the test of literal construction is equally irrelevant and inapplicable for the following reasons. The law and order forces who go out to implement the curfew order do not pause for a moment and construe the words of the 'Important Announcement as we do a Court-rooms and then act upoa them. They go by their impression of the directions issued to them. If the 'Important Announcement' is the de facto and actual source of their power or authority to act, as we believe it is, it is very widely different from the provisions of Section 188 of the Indian Penal Code which is a legal or legislative provision. Therefore, the real test in a matter of this type is the test of impression which these executive directions produce or are likely to produce on tha public mind and on the mind of the members of the law and order forces. There is no doubt in our mind that the impression which the directions contained in the 'Important Announcement' have produced on public mind as well as on the mind of the law and order forces is that a curfew-breaker is liable to be shot at or that there is a probability of a curfew breaker being shot at or that he runs the risk of being shot at. Two daily newspapers circulating in the city have been produced before us. In the issue of 'Sandesh' dated 28th January, 1974 the very head-lines under which the news in this behalf was published state that the curfew order shall be strictly enforced and that a curfew-breaker will be shot dead. Similarly, in the issue of Gujarat Samachar' dated 28th lanuary, 1974 the very head-line in which this utws has been published states that an order of shooting at sight a curfew-breaker has been issued. To the petition the petitioner has annexed an extract from the issue of 'Indian Express' dated January 28, 1974. The second paragraph of that extract which is a news report from a staff reporter of that newspaper states as follows.

Any one coming out of the houses during curfew hours is liable to be shot at. Those holding valid curfew passes or identity cards will, however, be allowed to proceed after they are properly identified.

We have, therefore, no doubt in our mind that the executive directions hold out to the public mind a threat that even for a mere breach of the curfew order a curfew-breaker may be shot at. We apply this test because what the law and order forces understand by the executive instructions will produce actual consequences. It is, therefore, a correct test.