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1999 Supreme(Mad) 2257

ANNA CHANDY, P.GOVINDA MENON
A. K. Gopalan – Appellant
Versus
State of Kerala – Respondent


Advocates:
P. Subramanian Potti, S. Easwara Iyer, V.R. Krishna Iyar, M.M. Abbulkadir and S.A. Nagendran, for Petitioners.
Advocate-General (K.K. Mathew) and Public Prosecutor (V. Narayana Menon), for Respondents.

Judgement Key Points

Based on the provided legal document, the decision in this case is not overruled. The court has thoroughly examined the validity of the detention and the legality of the orders passed by the Magistrate, concluding that the detention was lawful and that the orders were within jurisdiction. The court dismissed the petition and discharged the rule, indicating that the decision remains binding and has not been overruled.


Anna Chandy, J.-

This is a petition for the issue of a writ of habeas corpus. The petitioner Shri A.K. Gopalan is a sitting member of the Parliament and the President of the Indian Kisan Satha. He was arrested by the Circle Inspector of Police, Ernakulam, on the 10th of this month at Tripunithura under section 151, Criminal Procedure Code. The circumstances which led up to the arrest as disclosed in the reply affidavit filed by the Circle Inspector, the remand report and the other records produced before Court are as follows:— The Circle Inspector had information that the petitioner and the ten others who were arrested along with him Were organising a mass of volunteers under the auspices of the Kerala Karshaka Sangh and were instigating and inciting them to form themselves into unlawful assemblies and to cause obstruction to public servants in the discharge of their official duties by forcibly blocking all entrances to Government Offices. On the morning of the 10th the Circle Inspector received definite information that the petitioner and the ten others arrested were proceeding towards Tripunithura intent on committing the above mentioned offences with a view to paralysing the wor


































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