Judgment

BHAGWATI, J.:- This is a writ petition by the petitioner under Article 32 of the Constitution challenging the legality of his detention in the Central Jail, Vizakhapatnam and praying for a writ of habeas corpus for setting him at liberty forthwith. The petitioner is one of the acknowledged leaders of the Naxalite movement which originated in the area within Naxalbari, Kharabari and Phansidewa police stations in Siliguri Sub-Division of Darjeeling District of West Bengal some ten years ago. The movement represents armed revolt of the peasantry against exploitation by landholders and it seeks to achieve its end by violent means calculated to overthrow the democratic process. The petitioner as one of the top leaders of this movement, was engaged in violent and anti-social activities and was for quite some time underground evading arrest by the police. Eventually of 19th August, 1970, the petitioner was arrested by the police along with some of his associates from a hideout within the jurisdiction of Phansidewa police station. A huge quantity of arms, ammunition and explosives was found with the petitioner and his associates at the time of the arrest. Phansidewa P.S. Case No. 3 was accordingly registered against the petitioner on 19th August, 1970 under Section 5 of the Explosive Substances Act, Section 25 (1)(a) of the Arms Act and Sections 120-B, 121-A, 122, 309 and 402 of the Indian penal Code. There was also another case, namely, Phansidewa P.S. Case No. 28 registered against the petitioner on 29th July, 1967, under Section 412 read with Section 34 of the Indian penal Code. That case was under investigation at the time when the petitioner was arrested. Immediately after his arrest, on the same day, i.e., 19th August, 1970, the petitioner was produced before the Sub-Divisional Magistrate, Siliguri. The learned Sub-Divisional Magistrate passed an order of remand directing that the petitioner be detained in the District Jail, Darjeeling and that he should be produced before the Sub-Divisional Magistrate, Darjeeling. The petitioner was accordingly produced before the Sub-Divisional Magistrate, Darjeeling from time to time and orders of remand were passed by the Sub-Divisional Magistrate, Darjeeling at the interval of every fourteen days since the investigation in P. S. Case No. 28 dated 29th June, 1967 and P. S. Case No. 3, dated 19th August, 1970 was not complete.

It appears that on 16th January, 1970 first information report in respect of certain criminal offences alleged to have been committed by the petitioner and a large number of other coconspirators was lodged in Parvathipuram police station and after the completion of the investigation, two charges-sheets were filed against the petitioner and other 139 accused in the Court of the Special Magistrate, Vizakhapatnam 12th October, 1970, charging them with offences under Section 120-B read with Sections 302, 395, 397, 121, 122, 123 and 124-A of the Indian Penal Code. The offences charged under these two charge-sheets were triable exclusively by the Court of Sessions, and therefore, inquiry proceedings under Chapter XVIII of the Code of Criminal Procedure were initiated by the Special magistrate, Vizakhapatnam. Since the petitioner, who was accused No. 138 in these two criminal cases, which were numbered as P.R.C. Nos. 1 and 2 of 1971, was under remand in the District Jail, Darjeeling pending investigation of the two Phansidewa P.S. cases, the Special Magistrate, Vizakhapatnam issued on 30th May, 1972 a warrant for production of the petitioner in his Court under Section 3, sub-section (2) of the Prisoners (Attendance in Courts) Act, 1955. The officer incharge of the District Jail, Darjeeling, is obedience to this warrant for production, sent the petitioner to the Court of the Special Magistrate, Vizakhapatnam on 14th June, 1972 and immediately on arrival, the petitioner was produced in the Court of the Special Judge, Vizakhapatnam on 17th June, 1972. The petitioner was re