( 1 ) THIS is an application for a writ of habeas corpus by three persons who are being prosecuted for the offence of Section 188, I. P. C. for disobedience of an order promulgated under Section 144, Criminal P. C. by the City Magistrate, Gorakhpur. At the time when the applicants presented the application in this Court they were detained in the District Jail, Gorakhpur; they have been released by this Court on bail during the pendency of this application. This Court has also stayed further proceedings in the case under Section 188, I. P. C. (2) Applicant 1 is a member of the U. P. Legislative Assembly and leader of the opposition party in the Assembly, applicant 2 is a Trade Unionist and member of the Praja Socialist Party and applicant 3 is a member of the Praja Socialist Party and Secretary of the District Kisan Panchayat, Gorakhpur. On 25-4-1952 the police fired upon a crowd of railway workers and killed two of them. Since then 2-3 persons have been going every year on April the 24th to the spot where the two workmen were killed to place wreaths. The district authorities have been every year passing orders under Section 144, Criminal P. C. prohibiting such an act and