H.N. Seth, J. - (1.) This petition by Hari Prasad Dubey, for a writ of Habeas Corpus, is dated 8-11-1974 and has been forwarded to this Court from he Naini Central Jail, Allahabad.
(2.) Petitioner's case is that he was illegally arrested on 22-7-1974 and was never produced before any competent Magistrate. Thereafter he was illegally detained in the District Jail, Farrukhabad from 22nd July 1974 to 5th October 1974 when he was transferred to the Naini Central Jail. He claims that his detention in the Naini Central Jail is illegal.
(3.) According to the counter affidavit filed in the case, the petitioned was arrested on 22nd July 1974 as he had committed an offence punishable under Section 3 of the Police Incitement to Disaffection Act read with Rule 43 of the Defence of India Rules. Immediately thereafter the reason for his arrest was communicated to the petitioner. The petitioner was then produced before the Additional Munsif Magistrate, Farrukhabad on 22nd July 1974 who, after perusing the record made the order remanding the petitioner to jail custody. Subsequently, orders, remanding the petitioner to jail custody were passed from time to time and the last such order was made on 18th September 1974. The police submitted the charge sheet against the petitioner on 8th of September 1971 which along with other papers was received in court on 3rd October 1974.;