Desai, J.

[1] This is an application by Dr. Ram Manohar Lohia for a writ of 'habeas corpus'. He is being prosecuted on two charges, each of committing an offence under Section 3, U. P. Special Powers Act, 14 of 1932. He contends that the Act, and particularly Section 3 of it, stands repealed under Article 13 of the Constitution on account of its being inconsistent with the provisions of Article 19.

[2] The applicant is the General Secretary of the Praja Socialist Party of India. The Government of Uttar Pradesh has increased irrigation rates for water supplied from canals to cultivators and the Praja Socialist Party of Uttar Pradesh is carrying on an agitation against the increase on the ground that it places an unbearable burden upon the cultivators who are adversely affected by the progressive fall in prices of foodgrains. The applicant visited Farrukhabad in connection with the agitation and addressed two public meetings on 4-7-'54, one at Kaimganj at 4 p. m. and the other at Farrukhabad at 8-30 p. m. In the speeches he incited cultivators not to pay "the enhanced irrigation rates" to Government. He also severely criticised the state Government; but we are not concerned wi