VIMAL KISHORE MEHROTRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a petition by Vimal Kishore Mehrotra under Article 226 of the Constitution for a direction or writ in, the nature of habeas corpus. The petitioner is one of the General Secretaries of Suti Mill Mazdoor Sabha, Kanpur. The workers of textile mills at Kanpur went on strike from the early part of May, 1955. The strike lasted for several weeks. The petitioner was arrested on 28-4-55 but was released on 11-5-1955. The petitioner was again arrested by the police on 18-5-1955. He was produced before a Magistrate on 19-5-1955. The petitioner was informed that he had been arrested under Section 7, Criminal Law Amendment Act, 1932. Since then he is in jail custody. According to the petitioner, his arrest and detention are illegal for a variety of reasons. He, therefore, prays that he be set at liberty, and orders for detention be quashed. The petitioner filed an affidavit in support of his petition.

(2.) Notices were issued to the opposite parties. The State of Uttar Pradesh is respondent 1, while the Superintendent, Jail, Kanpur is respondent 2. The petitioner was produced before this Court on 27-6-1954 as directed by the Court. The learned Deputy Government Advocate appearing on behalf of the two respondents filed a counter-affidavit to justify the petitioner's arrest and detention. The counter-affidavit is by one Suraj Singh who is a Sub-Inspector of Police posted in district Kanpur. On 27-6-1955, the petitioner filed a supplementary affidavit as rejoinder to the Sub-Inspector's counter-affidavit.

(3.) Throe points were raised on behalf of the petitioner. The first point was that he was detained in police custody for more than twenty-four hours before he was produced before a Magistrate. It was urged that the detention was in contravention of Clause (2) of Article 22 of the Constitution. It is common ground that the petitioner was arrested on 18-5-1955, and was produced before a Magistrate on 19-5-1955. But parties are not agreed about the exact time of arrest and production before the Magistrate. Accordingly to the petitioner, he was arrested on the 18th May, at 8.40 a. m. According to the Sub-Inspector's counter-affidavit, the petitioner was arrested at 11.15 a. m. There is also a slight difference between the parties as regards the time when the petitioner was produced before the Magistrate. According to both the parties, the interval between the time of arrest and the time of production before the Magistrate was a little over twentyfour hours. According to the counter-affidavit, the time taken in bringing the petitioner from the place of arrest to the Magistrate's Court accounts for the excess time. Learned counsel for the petitioner did not press this point.