1. An occurrence gruesome by all counts took place on 9-4-1979. It had seen the death of 10 persons, and injuries on a large number. The First Information Report of the case was lodged on the date of the occurrence itself in which 51 persons were named as accused. During the course of investigation as many as 225 persons came to be arrested, though 85 of them were ultimately charge-sheeted. After the case was committed to the Court of Session, and the learned Judge "was ready to open the trial" on 2-5-1980 under Chapter XVIII of the Criminal P. C., the Public Prosecutor informed the court that he would file a petition for summoning some more persons under the provisions of S.319 of the Code. Such a petition came to be filed on 30-6-1980 in which it was prayed that 3 persons including the two petitioners may be summoned to face the trial along with the 85 charge-sheeted accused. Thereafter by the impugned order warrant of arrest against the two petitioners were ordered to be issued with the direction that they be tried in the case along with other accused. The prayer as regards the third person, namely, Ratneswar Bora was turned down for reasons recorded in the order. The t