MADHU LIMAYE Vs. VED MURTIF

JUDGEMENT

(1.) Having heard the arguments in the case of Mr. Madhu Limaye, we are of opinion that his custody from August 9, 1970 was illegal and he was therefore entitled to be released. As he is no longer in custody, no order for his release is necessary. As regards his arrest under Section 151 of the Code of Criminal Procedure, we shall express our opinion in our judgment to be delivered after the decision of the constitutional questions raised by him. Our reasons for this order will also appear then.

(2.) The same order is made in the case of Mr. Ram Adhar Giri who is copetitioner with Mr. Madhu Limaye in this petition.

(3.) This is a combined petition by Madhu Limaye, M. P. a leader of the Samyukta Socialist Party of India and Ram Adhar Giri, Secretary of the same party in the District of Varanasi. This petition was heard along with Writ Petition No. 77 of 1970, filed earlier by Madhu Limaye, because both these petitions challenge the constitutionality of Section 144 and Chapter VIII of the Code of Criminal Procedure. By an Order passed unanimously by a Special Bench of 7 Judges (of which we were also members) on that part of the arguments, the petitioners stand concluded on the constitutional points raised by them. The Special Bench holds that Section 144 and the provisions of Chapter VIII of the Code of Criminal. Procedure, when properly construed, are constitutional and valid. Applying the construction which is elaborately indicated in that Order we proceed to examine this petition.