DIVYAJIT MEHTA Vs. S S KATARA

JUDGEMENT

(1.) The petitioner has challenged in this petition under Articles 226 and 227 of the Constitution of India an order passed by the learned Executive Magistrate Ahmedabad city calling upon three persons produced before him by the police to furnish bail in the proceedings under sec. 107 of the Code of Criminal Procedure.

(2.) In order to appreciate the nature of controversy raised for our consideration it is necessary to glance through a few relevant facts.

(3.) During the recent agitation with respect to reservation of seats in medical colleges one Narendra Chandrashanker Jha along with one Jayesbhai Dhanandebhai Shukla and Bharatbhai Arvindbhai lEave was sitting at about 9-30 a.m. on 26-3-1981 at the foot of the statue of Mahatma Gandhi located near the Income-tax cross-roads in the city of Ahmedabad. It was alleged that these three persons were shouting slogans. The Police Sub-Inspector Navrangpura Police Station who is respondent no. 1 in this petition arrested these three persons at about 10 a. m. on that very day in exercise of his power under sec. 151 of the Code of Criminal Procedure 1973 Respondent No. 1 thereafter produced them before the Executive Magistrate for Ahmedabad city who is respondent No. 2 in the present proceedings. Respondent No. 1 submitted before respondent No. 2 that proceedings be commenced against these three persons under sec. 107 of the Code of Criminal Procedure and proper sureties be taken from them. Respondent No. 2 instead of releasing these three persons sent them with respondent No. 1 with a direction to send them to Sabarmati Jail as per his impugned order.