Judgment

P.V.B. Rao, J

[1] All these applications were posted for hearing to 24-2-1956 by our order dated 20-2-1956. They were heard together on the 24lh and this judgment covers all the cases.

[2] These are eleven applications filed by 39 persons in judicial custody in Puri Jail under

Article 226 of the Constitution of India and Sections 496, 497 and 498 Criminal P. C. for the issue of a writ in the nature of Habeas Corpus as their detention was illegal. They also prayed for release on bail.

[3] The main allegations of the petitioners in all the applications are that the petitioners are respectable citizens of Puri possessed of considerable property both moveable and immoveable; that they were arrested without a warrant; that the bail applications filed before the Sub-Divisional Magistrate of the Sadar Sub-Division, Puri, were not disposed of that during the hearing of the bail applications, they came to know that they Were prosecuted for offences under Sections 146 , 149 , 435 , 188 379 , 332 , 395 and 120B , Penal Code in connection with the recent disturbances at Puri on 22-1-1956 which resulted in setting fire to the police station and the railway station and that their arrest and detention for indefinite period is, Without jurisdiction and is in violation of their fundamental rights guaranteed under the Constitution and contrary to Article 22(1) of the Constitution and the Code of Criminal Procedure.

[4] The five petitioners in O. J. C. 45/56 were arrested on 29-1-1956 and were produced before a Magistrate under Section 61, Criminal P. C. on 30-1-1956. They were remanded to custody till 13-2-1956 on which date a further remand was ordered to 27-2-1956. The petitioner in O. J. C. 46/56 was arrested on 23-1-56 and was remanded to custody by the Magistrate on the same date till 4-2-1956 and further remanded on that date to 18-2-1956 and then again remanded, to custody till 3-3-1956.

The petitioner in O. J. C. 49/56 was arrested on 31-1-1956 was produced before a Magistrate on 1-2-1956 and by various orders dated 1-2-1956, 14-2-1956 was remanded to custody till 28-2-1956. The petitioner in O. J, C. 53/56 was arrested on 30-1-1956, produced before the Magistrate on 31-1-1956, and by various successive orders was remanded to custody till 3-3-1956. The fifteen petitioners in O. J. C. 54/56 were arrested on 24-1-1956, 23-1-1956, 26-1-1956, 28-1-195G and 20-1-1956 and by successive orders were remanded to custody, some to 37-2-1956 and some to 3-3-1956.

The petitioner in O. J. C. 55/56 was arrested on 23-1-1956 and by various orders finally remanded to custody till 3-3-1956. The petitioner in O. J. C. 56/56 was arrested on 24-1-1956 and by various orders remanded to custody till 3-3-1956. The petitioner in O. J. C. 57/56 was arrested on 23-1-1956 and produced on the same date before the Magistrate and by various orders was remanded to custody till 3-3-1956.

The five petitioners in O. J. C. 58/56 were arrested on 23-1-1956, produced on the same date before the Magistrate, and by successive orders remanded to custody till 3-3-1956. The six petitioners in O. J. O. 59/56 were arrested on 23-1-1956 produced before the Magistrate on the same date, and by successive orders were remanded to custody till 3-3-1956. The two petitioners in O. J. C, 60/56 were arrested on 23-l-l956, produced before the Magistrate on the same date and were remanded to custody by successive orders till 3-3-1956.

[5] O. J. C. 45/56 was filed in this Court on 8-2-1956 and of the five petitioners in this petition three were released on bail on 15-2-1056, and two-Were released on 20-2-1956. O. J. C. 46/56 was filed in this Court on 9-2-1956 and the petitioner therein was released on bail on 20-2-1956. O. J. C. 49/56 was filed on 13-2-1956 and the petitioner therein was released by our order dated 20-2-1956 and the 15 petitioners in O. J. C. 53/56 filed on 13-2-1956 were also released by our order dated 20-2-1956.

The petitioner in O. J. Cs. 53, 54, 55, 58, 59