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 November 25, 1968.

2. The State of Bihar filed a return but on November 25, 1968 the Court directed the Advocate-General of Bihar to produce the relevant documents in connection with the recording of the first information report, the investigation made, the report to the Magistrate and order sheet etc. The heating was adjourned to December 2, 1968.

3. It is apparent from the documents and papers placed before us that on November 2, 1968, the Sub-Divisional Magistrate, Monghyr issued an order under Section 144, Cr. P. C. prohibiting assemblage of five or more persons within the limits of 100 yards of Kiul and Lakhisarai Railway Stations for a period of one week from November 5, 1968 to November 12, 1968. According to the report submitted by the Sub-Inspector incharge of the Government Railway Police Station Kiul to the Sub-Divisional Magistrate, Sadar, Madhu Limaye and others had defied the prohibitory orders issued under Section 144, Cr. P. C., by holding and addressing a public meeting at the railway ground at Lakhisarai Railway Station between 4.30 P. M. and 6.30 P. M. on 5-11-1968 and some out of them had exhorted the public in provocative language to offer satyagraha at the Railway Station and to disrupt the railway communications as also to obstruct the normal functioning of the railway offices at Lakhisarai. It was prayed that their prosecution be ordered under Section 188, Indian Penal Code. Dharamraj Singh Sub-Inspector entered a report (Sanha) No. 109 on November 6, 1968, in the general diary. It was stated inter alia that Madhu Limaye and others took out a procession at 3 O clock with a flag in violation of the order made under Section 144, Cr. P. C. They had entered the Railway Station for launching a strike shouting slogans. This group had been followed by several other groups of persons the last being the 8th group (the names in each group were mentioned). All these person had been arrested under Section 151, Cr. P. C, and had been sent to the Sub-Divisional Magistrate, Sadar, Monghyr. These incidents happened in the presence of Shri Mathur, Magistrate 1st Class, Monghyr, Shri B. N. Singh, Railway Magistrate, Kiul, etc. It was stated that the report was being submitted "under sections 107 and 117 of the Criminal Procedure Code and under Section 188 of the Indian Penal Code". Admittedly no first information report was formally registered on that date which was done on November 19, 1968 at 23.30 hrs. In this report in which the date of occurrence is mentioned as November 6, 1968, it was stated that the accused persons had entered the Railway Station by illegally forming a mob disobeying the order under Section 144, Cr. P. C. to disturb the normal functioning of the railways and had committed offences under Section 143, I. P. C. and Section 122 o