RAJ NARAIN SINGH Vs. DISTRICT MAGISTRATE GORAKHPUR

JUDGEMENT

(1.) This is an application for a writ of habeas corpus by three persons who are being prosecuted' for the offence of Section 188, I. P. C. for disobedience of an order promulgated under Section 144, Criminal P. C. by the City Magistrate, Gorakhpur. At the time when the applicants presented the application in this Court they were detained in the District Jail, Gorakhpur; they have been released by this Court on bail during the pendency of this application. This Court has also stayed further proceedings in the case under Section 188, I. P. C. (2) Applicant 1 is a member of the U. P. Legislative Assembly and leader of the opposition party in the Assembly, applicant 2 is a Trade Unionist and member of the Praja Socialist Party and applicant 3 is a member of the Praja Socialist Party and Secretary of the District Kisan Panchayat, Gorakhpur. On 25-4-1952 the police fired upon a crowd of railway workers and killed two of them. Since then 2-3 persons have been going every year on April the 24th to the spot where the two workmen were killed to place wreaths. The district authorities have been every year passing orders under Section 144, Criminal P. C. prohibiting such an act and prosecuting persons who disobey the order.

(2.) Accordingly on 23-4-1955 the City Magistrate, Gorakhpur, promulgated an order under Section 144. In the preamble he referred to the information received by him to the effect that certain persons intended to make demonstrations in connection with the incident of 25-4-1952 on private land belonging to the Railway without the consent of the railway authorities and expressed his opinion that such demonstrations were

(3.) The applicants contend that they alone went to the spot, Chat they were shouting no slogans and were making no speeches, that they were arrested as soon as they entered the railway station premises, that the order issued under Section 144 was vague, went' beyond the scope of Section 144 and contravened Article 11 (which seems to be a mistake for 19) of the Constitution, that there was no urgency justifying issue of the order and that Section 144 is ultra vires the Constitution. In the counter-affidavit, filed by the station officer of police station, Cantonments, Gorakhpur, it was stated that 100 persons including the applicants marched in a procession shouting inflammatory slogans and that they were arrested when they attempted to enter into the prohibited area.