RAM MANOHAR LOHIA Vs. V.S. SUNDARAM

JUDGEMENT

(1.) THIS is an application by Dr. Ram Monohar Lohia and six others for a writ of Habeas Corpus. The petitioners alleged that they were wrongfully and illegally arrested on 11 -4 -1955 at about 5 -30 P.M. in the Tikendrajit Park, Imphal when Dr. Ram Monohar Lohia was delivering a speech on the ground that the holding of public meetings was prohibited by an order on the analogy of Section 144, Criminal P. C, dated 17 -12 -1954, passed i by the District Magistrate, Manipur, within a radius of two miles from the Court of the District Magistrate, Manipur and this order was subsequently substituted by another order dated 21 -12 -1954 by which the area was increased to 4 miles and both those orders were proclaimed without being published in the Manipnr Gazette, from police van.

(2.) ON behalf of the opposite parties Shri V. S. Sundararn, District Magistrate, has in his affidavit contended that the present application is misconceived and is not maintainable as there is no scope for interference under Article 226 of the Constitution in this matter. It has been contended that the Constitution of the Manipur State Act ceased to have any force after the integration of the Manipur State with the Union Government, and the Manipur State Legislative Assembly and the Council of Ministers were lawfully abolished. Further contention on behalf of the opposite parties is 'that though the Code of Criminal Procedure has not been expressly extended to this State but die provisions of the Code are strictly followed in the administration, of criminal justice by all Courts including the highest Court of the State, and thus judicial recognition is given to the applicability of the Code subject to any specific provision of the Manipur State Courts Act, 1947, and so the order on the analogy of Section 144, Criminal P. C. could legally be promulgated by the District Magistrate, Maniput, as was done in this case.

(3.) OINAM Budhi Singh of Pisum Oinam Leikai.