Kamleshwar Nath, J. - (1.) -Writ petition No. 5480 of 1986 is the regular writ petition of Subhash Bhandari, on whose behalf a telegram was received in this Court which led to Writ Petition No. 5397 of 1986. The writ petition of Kamlesh Pratap Singh raises common questions with the writ petitions of Subhash Bhandari ; hence they have been taken up together for disposal.
(2.) ON 10-8-86 at about 10.45 p. m. a criminal case crime no. 905 of 1986, for offences under Section 307 IPC and Section 3 U. P. Gangesters and Anti- Social Activities (Prevention) Act, 1986 (hereinafter called Gangesters Act), was registered against petitioner Subhash Bhandari and Kamlesh Pratap Singh at P. S. Hazratganj, Lucknow, on the report of one Surya Kumar Verma. A police force, including S. I. Chhote Lal Tewari of P. S. Hazratganj, arrested both the petitioners from their houses in the night between 10/11-8-86 between 1 and 2 a. m. ON 11-8-86 both the petitioners were produced before the Additional City Magistrate, Lucknow. The Additional City Magistrate passed an order, under Section 167 (2) CrPC, remanding both the petitioners to jail custody upto 10-10-86. The custody of both the petitioners, in pursuance of that order of remand, has been challenged as illegal in these writ petitions. Counter affidavits, rejoinder affidavits, supplementary counter affidavits and supplementary rejoinder affidavits have been exchanged between the parties. The relevant facts were not fully set out in the writ petitions initially, but they have been brought out with the aid of the affidavits which have been exchanged between the parties. They may be stated briefly as hereunder. Both the petitioners, among others, were detained under the National Security Act, against which their writ petitions were dismissed by this Court in the year 1985. The petitioners filed petitions for special leave to appeal, aswell as habeas corpus petitions before the Hon'ble Supreme Court. In July, 1985 both the petitioners were granted bail pending disposal of the said appeal/writ petition in the Supreme Court. Some time, after release on bail, Subhash Bhandari was again arrested, and shortly thereafter released on bail by the concerned Magistrate. Subhash Bhandari then filed a petition in the Hon'ble Supreme Court for punishment of the concerned police officers for committing contempt of Court of Hon'ble Supreme Court. HONOURABLE Supreme Court directed the Sessions Judge of Lucknow to make an enquiry into and submit a report on the facts surrounding the contempt petition and directed that in the meantime investigation into any offence, which may be alleged to have been committed by Subhash Bhandari, be conducted under the supervision of the Senior Superintendent of Police, Lucknow.
(3.) IN compliance of the orders of the Hon'ble Supreme Court, a Criminal Contempt Enquiry Case No. 16 of 1986 was registered in the Court of Sessions Judge of Lucknow in which certain persons, including both the petitioners, were to be examined as witnesses. The statement of petitioner Kamlesh Pratap Singh had been recorded. The allegation of petitioner Subhash Bhandari that his statement had already been recorded in part and that the remaining part was to be recorded on 11-8-86 in the Court of Sessions Judge, Lucknow, has not been specifically denied on behalf of the opposite parties. The petitioners' case is that they were suddenly arrested by the opposite parties in the night between 10/11-8-86. They were not informed of the grounds of their arrest as required under Section 50 CrPC and Article 22 (1) of the Constitution of India.;