SHAHAJI VISHNU LOKHANDE Vs. M.P. MIRGALI

JUDGEMENT

(1.) THIS writ petition is filed by the petitioners who were detained under Section 151 of the Code of Criminal Procedure as amended by Maharashtra Act No. VII of 1981.

(2.) ACCORDING to the petitioners, they are active and whole -time members of an All India organisation known as 'Chhatra Yuva Sangharsha Vahini' (hereinafter referred to - as 'Vahini'}, a social action group. This organisation was formed with a view to inculcating the spirit of freedom and selfless service among the weaker sections of the people and bringing about a total revolution in the society by peaceful and non -violent means as envisaged by Mahatma Gandhi. Consistent with their objectives, the Vahini started a number of units in the rural areas. One of such units has been functioning since about 1977 at Mhaswad in Man Taluka of Satara District. Man Taluka is a dry area with minimum rainfall, nearly 70 per cent of the population being of land -Jess labourers. In view of the large scale under -employment and unemployment in the area, the benevolent scheme of employment guarantee is of importance. However, due to apathy and corruption amongst the officers operating the scheme, the same was not functioning effectively in the Man Taluka. Therefore, the members of the Vahini started organising landless labourers to make them conscious of their rights under the scheme. To achieve their object and for drawing the attention of the officers concerned, the Vahini is -required at times to organise peaceful morchas and/or dharnas and to resort to peaceful Satyagraha. According to the petitioners, these activities of the Vahini and of the landless labourers are looked upon as an affront by two officers concerned. Therefore, a modus operandi was employed by lodging number of false criminal cases against them. The latest instrument of oppression and harassment of the workers of the Vahini has been illegal arrests under Section 151 of the Code of Criminal Procedure as amended by the Maharashtra Act.

(3.) RESPONDENT No. 2 - the Sub -Inspector of Police, Mhaswad - arrested petitioner No. 1 Shahaji Lokhande on July 11, 1984, produced him before the Magistrate on July 12, 1984 and obtained remand for a period of seven days till July 19, 1984 under Section 151(3). On July 19, 1984 a further remand was asked for and till July 26, 1984 remand was granted by the Judicial Magistrate. Similar orders were obtained qua other workers also. It is these orders of arrests and of remand granted by the Judicial Magistrate which are challenged in this writ petition on various grounds.