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1950 Supreme(Bom) 12

CHAGLA, GAJENDRAGADKAR, DIXIT
Maledath Bharathan Malyali – Appellant
Versus
Commissioner of Police. – Respondent


Advocates:
L.M. Javeri - for Applicant. C.K. Daphtary, Advocate-General and B.G. Thakor Addl. Asst. Government Pleader - for the State.

Judgement

CHAGLA, C.J.- This is an application under B. 491, Criminal P.C., and the facts that give rise to this application are very striking and very significant. A public meeting was held at Lal Baug on the evening of 8th May 1949. The meeting was held under the auspices of various organisations and it was in connection with a hunger-strike that had been undertaken by certain detenus on 2nd May 1949. After the public meeting broke up, a procession was organised and the procession marched from Lal Baug to the Delisle Road maidan. There was an order of the Commissioner of Police banning all processions in that locality after 7 p.m., and the procession was taken out in contravention of the order of the Commissioner of Police. The police tried to stop the procession, but the processionists insisted on going on; thereupon a lathi charge was made, the Police had also to resort to firings, and the processionists dispersed helter-skelter. Forty three persons were arrested on the spot, and about twenty-two persons were arrested subsequently. The applicant before us is alleged to have been one of these persons who took part in the procession and who was arrested on the spot. An order was m






















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