( 1 ) THIS is a petition under Article 226 of the Constitution praying for a writ of habeas corpus or any other appropriate writ or order.

( 2 ) THE circumstances in which this petition arose were these: The petitioner alleged that he was an Advocate of this Court practising at Azamgarh and that the petitioner did some work of a newspaper correspondent in an honorary capacity being a representative of a Hindi Daily named "bharat" which is simultaneously published from Banaras and Allahabad.

( 3 ) THAT on the 2nd of September. 1958, the petitioner had gpne to the courts situate in the compound of the Collectorate, Azamgarh, in connection with his professional work when a procession of the Communist Party reached the compound of the Collectorate shouting slogans and that hearing these slogans the petitioner went to that place: that soon after a lathi charge was made by the police on the processionists who had at the time of the lathi charge collected in front of the Court of the District Magistrate. The petitioner says that he was present there in order to enable him to send news of this incident to the newspaper the honorary representative of which he was. The petitioner further alleged that soon after the lathi charge the District Magistrate sent for the petitioner in his retiring room where the Superintendent of Police of Azamgarh R. N. Sinha was also present and that these two officials gave to the petitioner an official version of the incident and "threatened the petitioner not to fiend any news contrary to the official version".

( 4 ) THAT on the 3rd of September, 1958, the news of the lathi charge appeared in the Bharat which, according to the petitioner, was a true version of the incident as has been observed by him. This publication, according to the petitioner, annoyed the authorities of the district including the Superintendent of Police who sent a C.. D. , Sub-Inspector to the petitioner to put pressure on him so that he did not, in future, send any news to the press which was contrary to the official version. The petitioner alleges that he released this news also to the press and further that he convened information of this to the Leader of the Communist Party in the Lok Sabha, Sri Gopalan, when he visited Azamgarh on the 10th of September, 1958. It was further alleged by the petitioner that sri Gopalan sent a telegram to the Prime Minister of India and to the Speaker of the Lok Sabha in regard to this matter.

( 5 ) THAT on the 3rd of September, 1958, a meeting of the District Bar Association was requisitioned by some members of the Bar in which a resolution was moved by a member condemning the lathi charge and calling for a judicial enquiry by a Judge of the High Court, which resolution was seconded by the petitioner.

( 6 ) THAT on the 11th of September, 1958, at about 12 noon, when the petitioner returned from the court of the Judicial Officer to his chambers in the Bar Association and was attending to the work of a client, a Sub-Inspector of Police of Police Station Kotwali with some constables came along to his chambers and arrested him.

( 7 ) THE arrest, according to the petitioner, was made without warrant. Further, the petitioner was not told by the police officer who arrested him the reason for the arrest even though he was asked to apprise the petitioner of the reasons for his arrest. After the arrest the petitioner was sent to the District Jail, Azamgarh, it is alleged, without his having been produced before a magistrate as required under Section 61 of the Code of Criminal Procedure and as provided for by Article 22 of the Constitution.

( 8 ) IN answer to the writ nisi a return was made by the opposite parties and three counter-affidavits were filed in support of that return. One counter-affidavit was filed by kameshwar Nath Upadhya, Sub-Divisional Magistrate Sadar, Azamgarh, Along with his affidavit Kameshwar Nath Upadhya filed a true copy of the alleged order of remand which he made at th