( 1 ) THIS public interest petition is filed by Lok Adhikar Sangh claiming to be a human rights organisation committed to the defence and protection of civil liberties and democratic rights of the people and particularly of the poor and the down-trodden in the State of Gujarat. The petition is filed on behalf of Nitaben goswami, Sarpanch of village Dadva in Bhavnagar District, and her husband dineshpuri who are alleged to have been subjected to brutal and ruthless torture by anti-social elements sometimes in collusion with the police officers and sometimes with the connivance of police officers. The grievance in the present petition centres round the arrest of Nitaben during night hours and allegations of handcuffing and parading of Nitaben and her husband in the village by police officers of Bhavnagar district. The Alleged Incident and the Background

( 2 ) THE facts leading to filing of the present petition, as averred on behalf of nitaben and her husband, are as under :-2. 1 Nitaben Goswami and her husband Dineshpuri Goswami have been residing at village Dadva, Taluka Umrala of Bhavnagar District. In May, 1991, some antisocial and head-strong persons from Dadva village started harassing Dineshpuri goswami. On July 6, 1991, Nitaben was forcibly taken away and gang-raped by the persons named in the petition and by their associates. The local police did not take any action in Criminal Complaint No. 91 of 1991 registered with Umrala Police station, but her tragic story was published in the newspapers and, therefore, the petitioner - Lok Andhikar Sangh took up her case and filed a writ petition against the State and the police authorities. This Court directed the learned Judicial magistrate, Bhavnagar to hold inquiry under S. 202 of Cr. P. C. and also directed the police to provide protection to the couple. After inquiry, several accused were arrested and ultimately the criminal case was committed to the Sessions Court, bhavnagar where the trial is pending. That is registered as Criminal Case No. 791 of 1992. Some of the police officers are also arraigned as accused in the above case, for the offence punishable under S. 202 I. P. C. 2. 2 After the aforesaid petition, Nitaben and her husband continued to be harassed. During pendency of the criminal case before the Sessions Court at bhavnagar, after the evidence of Nitaben was recorded, her husband was assaulted by some of the accused and their bail was cancelled. Even Nitabens application for appointment of Special Public Prosecutor came to be granted by the Government after intervention of this Court. 2. 3 Nitaben and her husband bravely faced all these sufferings, without succumbing to the various threats and pressures and Nitaben was ultimately elected as the Sarpanch of Dadva village and at present also she is holding the post of sarpanch of that village. In the village, there is a temple of Randalma which is visited by a number of pilgrims and the temple has substantial income. According to Nitaben and her husband, the affairs of the temple are managed by the trustees who are the relatives of the accused in the gang-rape case. In spite of the income of this temple being substantial, the trustees have been disclosing meagre amount while submitting reports to the Charity Commissioner and other concerned officers. Nitaben in her capacity as the Sarpanch has been reporting to the Charity Commissioner, time and again, about the mismanagement of the temple funds and other activities by the trustees and their relatives and, therefore, the persons in the mismanagement of temple funds are annoyed against Nitaben and her husband. Last year, when the charity Commissioner had issued notice of hearing to the parties concerned, the husband of Nitaben was involved in cases under the Atrocities Act and ultimately he was acquitted. The village people also made a representation to the Collector on january 16, 1996 protesting against the mismanagement of the affairs of the temple a