AWADESH SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present petition has been filed by 22 petitioners for habeas corpus directing the opposite parties to release the petitioners immediately.

(2.) The facts as they appear from the writ petition which may be stated in brief, are that petitioner No, 1, Avadhesh Singh, is the National President of Lok Dal and is also a former member of legislative assembly. Bharat Singh, petitoner No. 2, Ram Bhawan Singh, petitioner No. 3. Jagdesh Singh, petitioner No. 5, are the office bearers of Lok Dal and the rest of the petitioners are the workers of Lok Dal and they are law abiding citizens. On 14-4-1993 one Raj Narain Tewari, incharge Police Station, Hazratganj, Lucknow. lodged a report at 5.25 p.m. under Crime No. 321 of 1993 under S. 147/353, 1. P-C- and S. 7 of the Criminal Law Amendment Act. A copy of the first information report is annexed as annexure No. 1 to the writ petition. According to the first information report the petitioners along with three or four hundred other person on 14-4-1993 were holding a meeting in Dayanidhan Park, Lucknow against the Dunkel proposals. This meeting ended at about 5.30 p-m- At that time one procession in connection with Ambedkar Jayanti was passing through the road. All these petitioners along with their associates went towards the Governor's House through V. N. Road without the permission of the police. These persons were interrupted by the police whereupon they became furious and started raising slogans and disturbed the public peace on the V. N. Road. All these persons were, therefore, arrested under S. 151, 106 and 116, Cr. P.C. These persons also exhorted their associates for breaking the law and to fight with the police officials present there. Thereupon, they were also arrested under S. 147, 353, I-P-C- and under S. 7 of the Criminal Law Amendment Act. Thereafter, they were sent to Jail on 14-4-1993 under the orders of the Magistrate, a copy of which is annexure-2. They were detained in jail under S. 151/116. Cr. P. C. No remand was taken under S. 147, 353,I.P.C. and S. 7 of the Criminal Law Amendment Act on 14-4-l993 and they were also not produced before any Magistrate under those sections. 'They were challaned in Crime No. 321 of 1993 under Ss.147, 353, I.P.C. On 17-4-1993 a report was sent to the Court in Crime No. 321 of1993 and they were summoned by the Chief Judicial Magistrate, Lucknow. The Senior Superintendent of Police, Lucknow was asked by the Chief Judicial Magistrate as to why these persons were not produced in court after they were taken into custody on 14-4-l993. A copy of that order is annexure-4. Thereafter, the petitioners were produced before the Chief Judicial Magistrate, Lucknow on 19-4-1993 and they were sent to jail on 14 day's remand. The petitioners objected to their remand but the Magistrate did not consider their prayers. The petitioners held this meeting after taking permission for pressing that the Mandal Commission Report should be enforced and the report of the Expert Committee should be rejected. The petitioners have nowhere said that they were holding the meeting against the Dunkel proposals as manipulated by the police against them. The petitioners were not produced before any Magistrate within 24 hours of their arrest as required by S.167 (1), Cr. P. C., hence their detention is illegal and they should be released from the custody. It is further alleged that the remand order dated 19-4-1993 passed by the Chief Judicial Magistrate is illegal.

(3.) In the counter affidavit filed on behalf of the opposite parties it is alleged that Avadhesh Singh, petitioner No. 1, is the National President of Lok Dal. It is not know whether the other persons, are office bearers or workers of Lok Dal. On 14-4-1993 at 17.35 p.m. the in-charge of Police Station, Hazaratganj, Raj Narain Tewari, lodged a report under Ss, 147. 353, I-P-C. and S. 7 of the Criminal Law Amendment Act vide Crime No. 321 of 1993 against the petitioners. It is correct to say that on 14-4-1993 the petitioners were arrested along with their associates numbering 222 under Ss. 151, 107, 116, Cr. P.C. and when they committed another offence they were arrested under Ss,147, 353, I.P.C. and S. 7 of the Criminal Law Amendment Act. For offence under Ss. 151, 107, 116, Cr. P.C. these persons were produced before the First Additional Chief Judicial Magistrate on 14-4-l993 in the night. 222 persons were lodged inside the jail. As there was no facility for keeping all these petitioners in the jail and it was also not possible to prepare warrants of all these persons the warrants could not be prepared to those persons. The report was given in the court on 16-4-1993. No orders could be passed on this report on 16-4-93 but the orders were passed on 17-4-1993. In the first information report it has been mentioned that the meeting was organised in connection with the Dunkel Proposals and not in connection with the Mandal Commission. The petitioners could not be produced before the court within 24 hours for the reasons mentioned above. The petitioners at present are in the custody under a valid order of remand and it cannot be said that the detention of the petitioners is illegal.