K A ABBAS Vs. SATYANARAYANA RAO

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution the petitioner has sought for issue of a writ in the nature of Habeas Corpus directing the respondents to set at liberty the following persons who are in the Judicial Custody under the direction of the Chief Judicial Magistrate, Mysore as per his order dated 9-10-1992.

(2.) Of course, it may appear very incongruous to seek a writ of Habeas Corpus when the accused are in Judicial Custody because the writ of Habeas Corpus lies only if the custody or detention is illegal and unauthorised. However, it is necessary to state the facts and circumstances which are no more in dispute in order to determine whether the relief sought for by the petitioner should or should not be granted.

(3.) The petitioner is the son of K. Abubekar, who is one of the accused. On 11-9-1992, a Criminal Case No. 194/1992 was registered in Somwarpet Police Station, Kodagu District, against the aforesaid eight persons for the offences punishable under Sections 153A and 153B of the I.P.C. on the allegations that they had hoisted Pakistan Flag on the top of Jalaliya Mosque in Somwarpet. They could not be produced before the Judicial Magistrate, First Class, Somwarpet, on 11-9-1992 because he was on leave. Therefore, they were produced before the Judicial Magistrate, First Class, Madikere on 11-9-1992, who remanded them to Judicial Custody till 14-9-1992. On 14-9-1992, the accused were not produced before the J.M.F.C. Somwarpet. However, an order was obtained from the J.M.F.C. Somwarpet extending the Judicial custody remand till 28-9-1992. In the meanwhile, on 16-9-1992, Somwarpet Police, as a result of the investigation, issued additional F.I.R. adding Sections 121 A and 124A of the I. P.C.