ARTATRAN MAHASUARA Vs. STATE OF ORISSA

JUDGEMENT

(1.) ALL these applications were posted for hearing to 24-2-1956 by our order dated 20-2-1956. They were heard together on the 24lh and this judgment covers all the cases.

(2.) THESE are eleven applications filed by 39 persons in judicial custody in Puri Jail under Article 226 of the Constitution of India and Sections 496, 497 and 498 Criminal P. C. for the issue of a writ in the nature of Habeas Corpus as their detention was illegal. They also prayed for release on bail.

(3.) THE main allegations of the petitioners in all the applications are that the petitioners are respectable citizens of Puri possessed of considerable property both moveable and immoveable; that they were arrested without a warrant; that the bail applications filed before the Sub-Divisional Magistrate of the Sadar Sub-Division, Puri, were not disposed of that during the hearing of the bail applications, they came to know that they Were prosecuted for offences under Sections 146, 149, 435, 188 379, 332, 395 and 120-B, Penal Code in connection with the recent disturbances at Puri on 22-1-1956 which resulted in setting fire to the police station and the railway station and that their arrest and detention for indefinite period is, Without jurisdiction and is in violation of their fundamental rights guaranteed under the Constitution and contrary to Article 22 (1) of the Constitution and the Code of Criminal Procedure.