- (1.) THIS is a petition for writ of Habeas Corpus by seven persons who were confined as undertrial prisoners in the district Jail of Agra at the time of making the petition. Petitioner No. 1 is Dr. Ram Manohar Lohia who is a member of the Lok Sabha; petitioner No. 2 is Sri Brij Raj Singh who, according to the petition, is an old worker of the Samyukt Socialist Party and who was member of the Lok Sabha from 1957 to 1962; petitioner No. 3 is Sri Baloji Agarwal, who is a member of the Uttar Pradesh Vidhan Sabha from the Agra City Constituency; and the remaining petitioners are Sri Hukum Singh Parihar, Sri Ram Sanehi Lal Yadava, Sri Kitab Singh Yadaya and Sri Ganga Prasad Sharma who, according to the petition, are active workers of the Samyukt Socialist party. The opposite parties to the petition are the State of Uttar Pradesh, Sri Ravi Shanker Johri, District Magistrate Agra, and Sri K. C. Seth, Additional District Magistrate (Judicial), Agra.
(2.) THE facts which led upto the petition are briefly as follows: Some political parties including the Samyukt Socialist Party were trying to organise 'u. P. Bandh' on July 12, 1966. In view of this situation, Opposite party No. 2, the District Magistrate of Agra, acting under Section 144 Cr. P. C. passed an order the relevant portions of which are as follows: "to The General Public residing or frequenting Agra District. Whereas information has been received that in connection with U. P. Bund Agitation there is likelihood of some sections of the public indulging in violence and lawlessness to force the closure of shops, offices etc. and thereby causing breach of the peace and Whereas immediate prevention and speedy remedy is desirable for maintaining public peace and tranquillity; Now, Therefore in exercise of the powers under Section 144 of the Code of Criminal Procedure 1898, I. R. S. Johri District Magistrate, Agra hereby order as follows: (i) No procession or demonstration of any kind shall be organised or taken out anywhere in the district without a special permit from me or from the Sub-Divisional Magistrate concerned or the Superintendent of Police Agra. (ii) No assembly of five or more persons shall gather together at any public place. Any such assembly shall be deemed to be unlawful and shall be liable to be dispersed by necessary force without further warning if it does not disperse upon command by a Magistrate or an officer in charge of the Police Station. Exception -- This prohibition does not apply to bona fide religious assemblies at places of worship like temple, mosque, gurdwara, church, etc. (iii ). . . . . . . . . . . (iv ). . . . . . . . . . . (v ). . . . . . . . . . . (vi) No person shall indulge in any inflamatory speech as may likely to cause disturbance of the public peace. (vii ). . . . . . . . . . (viii) No person shall shout or make use of any slogans in public street of public places likely to cause a breach of the peace. (ix) This order shall come into force at once and shall remain in force for a period 15 days unless withdrawn earlier. (x) This order is passed ex parte in view of the emergency. (xi) This order shall apply to the limits of Agra District; (xii) A breach of any of the provisions of this order is punishable under Section 188 of the Indian Penal Code. (xiii ). . . . . . . . . . . . . . . . . . Given under my hand and the seal of the Court this Tenth day of July 1966. Sd/- R. S. Johri, District Magistrate, Agra. A public meeting in connection with the observance of U. P. Bundh Day had been arranged to be held in the evening of July 11, 1966 in Phulatti Bazar, Agra and it was to be addressed by Dr. Ram Manohar Lohia Dr. Ram Manohar Lohia arrived at Rajamandi Railway Station Agra in the afternoon of July 11, 1966 by the Toofan Express and when he came out of the railway station he was arrested by the Police. The other petitioners, who were present at the railway station to receive Dr. Ram Manohar Lohia, were also arrested by the police at the same time. These arrests were for alleged violation of the above order of the District Magistrate of Agra. Counter-affidavits filed on behalf of the opposite parties do not disclose the acts which the petitioners are said to have committed In violation of the order of the District Magistrate, but they may be gathered from Annexure '4' to the counter-affidavit of Shri J. P. Srivastava, Assistant Public Prosecutor, Agra. The annexure purports to be a copy of a report made in the General Diary of Police Station Hariparvat, Agra on July 11, 1966, at 5. 00 p. m. by Kr. Tej Pal Singh, Inspector in charge, who effected the arrests of the petitioners with the help of other police officers. It has been stated in the report after getting down from the train Dr. Ram Manohar Lohia delivered an objectionable speech at the platform of Rajamandi Station stressing that the Bundh had to be organised at all costs, and that the speech created a fear in the public mind. It has further been stated in the report that the other petitioners formed a procession and joined Sri Ram Manohar Lohia in shouting slogans of various kinds. Mention may also be made of the fact that in paragraph 14 of their petition the petitioners say that at the time of his arrest Dr. Ram Manohar Lohia asked the police officers who had arrested him as to whether they were imposing restrictions on freedom of speech and they replied that he had already delivered a speech. However, whether the petitioners did the acts alleged to have been done by them and whether those acts constituted violation of the order of the District Magistrate are questions which are not to be determined in this proceeding and, indeed, neither Sri S. N. Kacker, learned counsel for the petitioners, nor Dr. Ram Manohar Lohia who addressed the Court also in person dealt with these questions.
(3.) THE arrest of the petitioners took place at about 2. 45 p. m. The same day at about 4. 00 p. m. they were produced before Sri S. N. Sharma, Judicial Officer Agra, who remanded the petitioners to fail custody upto July 12, 1966, Till then no complaint had been filed against the petitioners. On July 12, 1966, however, opposite party No. 2, the District Magistrate of Agra, filed a complaint against the petitioners before Sri A. N. Kapoor, Magistrate 1st Class Agra, stating that the petitioners had contravened his prohibitory order under Section 144 Cr. P. C. dated July 10, 1966 and the contravention was punishable under Section 188 I. P. C. The petitioners were not brought to court from jail on that date and an application, copy of which is Annexure '5' to the counter-affidavit of Sri J. P. Srivastava, was moved on behalf of the State before Sri A. N. Kapoor stating that due to heavy law and order duties it was not possible to arrange escort for bringing undertrials from jail and requesting him that proceedings in the case against the petitioners be taken in the jail premises. The Magistrate accepted the request, but reached the jail at about 5. 00 p. m. The petitioners were produced before him and copies of the complaints filed against them by the District Magistrate of Agra, and, according to the counter-affidavit of Sri J. P. Srivastava, Assistant Public Prosecutor Agra copies also of the General Diary report made by Kr. Tej Pal Singh in police station Hariparvat on July 11, 1966, at 5. 00 p. m. were furnished to them. The petitioners made an application, copy of which is Annexure '6' to the counter-affidavit of Sri J. P. Srivastava, praying that further proceedings in the case be taken forthwith and the statements of the petitioners and the prosecution witnesses be recorded. The Magistrate, however, adjourned the hearing of the case to July 16, 1966 with the direction that it would take place in court. Meanwhile, on July 13, 1966, the petitioners applied to the Additional District Magistrate (Judicial), Sri Chitrangad Singh, for the transfer of the case from the court of Sri A. N. Kapoor. The application was allowed on July 14, 1966 and the Additional District Magistrate (Judicial) transferred the case from the court of Sri A. N. Kapoor to his own court. On July 16, 1966 an application was moved on behalf of the State before the sessions Judge Agra for the transfer of the case from the court of Sri Chitrangad Singh, Additional District Magistrate (Judicial), and for staying proceedings meanwhile. While this application was pending Sri Chitrangad Singh was transferred from Agra and Sri K. C. Seth took over charge as Additional District Magistrate (Judicial) Agra on July 18, 1966. The State did not thereafter press its application for transfer. On July 20, 1966 the petitioners sent this petition from jail A day later, i. e. on July 21, 1966, the petitioners were released from jail on their furnishing personal bonds of Rs. 200/-each as directed by the Sessions Judge Agra by his order dated July 16, 1966. The position, therefore, is that a case under Section 188 I. P. C. for the alleged infringement of the above quoted order of the District Magistrate passed under Section 144 Cr. P. C. is pending against the petitioners and they have been released from jail on their executing personal bonds.;