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1968 Supreme(SC) 386

A.N.GROVER, J.C.SHAH, V.RAMASWAMI
President Of India – Appellant
Versus
In The Matter Of Madhu Limaye – Respondent


Judgment

GROVER, J.: Madhu Limaye, Member of Lok Sabha, and several other persons were arrested on November 6, 1968, at Lakhisarai Railway Station near Monghyr. On the same date Madhu Limaye addressed a petition in the form of a letter to this Court under Article 32 of the Constitution mentioning that he along with his companions had been arrested but had not been communicated the reasons or the grounds for arrest. It was stated that the arrested persons had been merely told that the arrest had been made under sections which were bailable". It was prayed that a writ of Habeas Corpus be issued for restoring liberty as the arrest and detention were illegal. On November 7, 1968, a similar petition was sent from Monghyr jail. The additional fact given was that the arrested persons had been produced before the Sub-Divisional Magistrate who had offered to release them on bail but they had refused to furnish bail. The Magistrate had, thereupon, remanded them to custody upto November 20, 1968. This Court issue a rule nisi to the Government of Bihar and Superintendent District Jail, Monghyr to produce Madhu Limaye and others whose names were given in the order dated November 12, 1968 on Nove





























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