HIRJI SHIVRAM VYAS Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The petitioner is the father of one Maganlal Hirji Vyas hereinafter referred to as the detenue. The respondent is the Commissioner of Police for Greater Bombay.

(2.) On October 17, 1947, the detenue was arrested by the C.I.D., Bombay. On October 18, 1947, a remand application was made to the Chief Presidency Magistrate by the Inspector of Police, C.I.D. The remand application was made in reference to eight accused persons one of them being the accused, who were arrested between October 3, 1947, a October, 17, 1947. The offences with which they were charged were under Secs.302, 307 and 114 of the Indian Penal Code read with Secs.5 and 6 of the Explosive Substances Act. The remand application states as follows: During the recent communal riots in the City, there have been several bomb outrages in which many persons lost their lives and others sustained serious injuries. The enquiries were taken over by the C.I.D. On October 8, 1947, in the early hours of the morning there was an explosion at Warden Road when accused No. 1 was arrested by the C.I.D. in this connection. Accused No. 2 who is a close associate of No. 1 was also arrested on the same day. Protracted enquiries were made and it was ascertained that there was an organization responsible for the manufacture, distribution and use of the bombs in the City. Following the trail after the arrest of accused Nos. 1 and 2, the other accused Nos. 3 to 8 have been arrested, and they form a part of the organization indulging in such subversive activities. Nos. 7 and 8 were only arrested on October 17, 1947, as the persons responsible for the supply of chemicals and other parapher-nalia for the manufacture of the bombs. This organization appears to have been far and wide- spread and several other members have still to be arrested. In view of the seriousness of the offences indulged in by them and in the interest of public safety and tranquillity, I request your worship to remand all the accused in police custody, for a further period of fourteen days, i.e. till November 1, 1947.

(3.) This remand application has been put in as Exh. No. 1 before me. Accused No. 7, mentioned in the remand application, is the detenue.