RAM MANOHAR LOHIA Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a petition for writ of Habeas Corpus by seven persons who were confined as undertrial prisoners in the district Jail of Agra at the time of making the petition. Petitioner No. 1 is Dr. Ram Manohar Lohia who is a member of the Lok Sabha; petitioner No. 2 is Sri Brij Raj Singh who, according to the petition, is an old worker of the Samyukt Socialist Party and who was member of the Lok Sabha from 1957 to 1962; petitioner No. 3 is Sri Baloji Agarwal, who is a member of the Uttar Pradesh Vidhan Sabha from the Agra City Constituency; and the remaining petitioners are Sri Hukum Singh Parihar, Sri Ram Sanehi Lal Yadava, Sri Kitab Singh Yadaya and Sri Ganga Prasad Sharma who, according to the petition, are active workers of the Samyukt Socialist party. The opposite parties to the petition are the State of Uttar Pradesh, Sri Ravi Shanker Johri, District Magistrate Agra, and Sri K. C. Seth, Additional District Magistrate (Judicial), Agra.

(2.) THE facts which led upto the petition are briefly as follows: Some political parties including the Samyukt Socialist Party were trying to organise 'u. P. Bandh' on July 12, 1966. In view of this situation, Opposite party No. 2, the District Magistrate of Agra, acting under Section 144 Cr. P. C. passed an order the relevant portions of which are as follows:

(3.) THE arrest of the petitioners took place at about 2. 45 p. m. The same day at about 4. 00 p. m. they were produced before Sri S. N. Sharma, Judicial Officer Agra, who remanded the petitioners to fail custody upto July 12, 1966, Till then no complaint had been filed against the petitioners. On July 12, 1966, however, opposite party No. 2, the District Magistrate of Agra, filed a complaint against the petitioners before Sri A. N. Kapoor, Magistrate 1st Class Agra, stating that the petitioners had contravened his prohibitory order under Section 144 Cr. P. C. dated July 10, 1966 and the contravention was punishable under Section 188 I. P. C. The petitioners were not brought to court from jail on that date and an application, copy of which is Annexure '5' to the counter-affidavit of Sri J. P. Srivastava, was moved on behalf of the State before Sri A. N. Kapoor stating that due to heavy law and order duties it was not possible to arrange escort for bringing undertrials from jail and requesting him that proceedings in the case against the petitioners be taken in the jail premises. The Magistrate accepted the request, but reached the jail at about 5. 00 p. m. The petitioners were produced before him and copies of the complaints filed against them by the District Magistrate of Agra, and, according to the counter-affidavit of Sri J. P. Srivastava, Assistant Public Prosecutor Agra copies also of the General Diary report made by Kr. Tej Pal Singh in police station Hariparvat on July 11, 1966, at 5. 00 p. m. were furnished to them. The petitioners made an application, copy of which is Annexure '6' to the counter-affidavit of Sri J. P. Srivastava, praying that further proceedings in the case be taken forthwith and the statements of the petitioners and the prosecution witnesses be recorded. The Magistrate, however, adjourned the hearing of the case to July 16, 1966 with the direction that it would take place in court. Meanwhile, on July 13, 1966, the petitioners applied to the Additional District Magistrate (Judicial), Sri Chitrangad Singh, for the transfer of the case from the court of Sri A. N. Kapoor. The application was allowed on July 14, 1966 and the Additional District Magistrate (Judicial) transferred the case from the court of Sri A. N. Kapoor to his own court. On July 16, 1966 an application was moved on behalf of the State before the sessions Judge Agra for the transfer of the case from the court of Sri Chitrangad Singh, Additional District Magistrate (Judicial), and for staying proceedings meanwhile. While this application was pending Sri Chitrangad Singh was transferred from Agra and Sri K. C. Seth took over charge as Additional District Magistrate (Judicial) Agra on July 18, 1966. The State did not thereafter press its application for transfer. On July 20, 1966 the petitioners sent this petition from jail A day later, i. e. on July 21, 1966, the petitioners were released from jail on their furnishing personal bonds of Rs. 200/-each as directed by the Sessions Judge Agra by his order dated July 16, 1966. The position, therefore, is that a case under Section 188 I. P. C. for the alleged infringement of the above quoted order of the District Magistrate passed under Section 144 Cr. P. C. is pending against the petitioners and they have been released from jail on their executing personal bonds.