Judgement

Patanjali Sastri C.J.I..- This is a petition for a writ of habeas corpus filed by one Ram Narayan Singh on behalf of four gentlemen, namely, Dr. S.P. Mukerjee, Shri. C. N. Chatterjee, Pandit Nandlal Sharma and Pandit Guru Dutt Vaid, who are the real petitioners in the case. These persons were arrested on the evening of 6-3-1953, and they are now being prosecuted for alleged defiance of an order prohibiting meetings and processions in the area in question, an offence punishable under S. 188, Penal Code.

2. Their detention is sought to be justified on the basis of two remand orders, the one alleged to have been passed by Mr. Dhillon, Additional District Magistrate Delhi, at about 8 p.m. on 6-3-1953, and the other alleged to have been passed by the trying Magistrate at about 3 p. m. on 9th March while adjuring the case on the representation made before him that a habeas corpus petition was being moved in this Court.

3. Various question of law and fact have been argued before us by Mr. Sethi on behalf of the petitioner, but we consider it unnecessary to enter upon a discussion of those questions, as it is now conceded that the first order of remand dated 6th March even assuming