- (1.) WE heard this habeas corpus petition under Article 226 of the Constitution on 3rd March 1965, and at the close of the hearing, we allowed the petition and directed that the petitioner be set at liberty forthwith and indicated that our reasons would be pronounced later. Accordingly our present judgment gives our reasons for the order which has already been passed by us on 3rd March 1966.
(2.) THE facts of the case, briefly stated, as contained in the petition, are that the petitioner, Syed Hyder Abas Raza, son of Syed Mehdi Hasan, resident of No. 3 Nabiullah Road, Luoknow, is a practising advocate at Lucknow and was a student of Lucknow University in 1958. He was at that time the General Secretary of the District Unit of the Lucknow Students Federation as well as the Secretary of the State Unit of the same organisation. In August 1958 the petitioner was arrested at Lucknow for a breach of an order under Section 144 of the Code of Criminal Procedure. He was, however, released later on without being tried.
(3.) IN 1961 the petitioner was again wrested for a breach of an order under Section 144, Code of Criminal Procedure and was tried by the Judicial Magistrate, Lucknow within the boundaries of the District Jail and was sentenced to three months' rigorous imprisonment and a fine of Rs. 500/ -. The petitioner was, however, acquitted in appeal by the learned Sessions Judge, Lucknow.;