Court rules detention beyond 24 hrs slightly over limit, Section 7 valid but detention illegal due to lack of communication.

Vimal Kishore Mehrotra Versus State Of Uttar Pradesh And Anr.

Vimal Kishore Mehrotra Versus State Of Uttar Pradesh And Anr. - AIR 1956 All 56 Issues Involved:
1. Detention in police custody beyond 24 hours.
2. Constitutionality of Section 7, Criminal Law Amendment Act, 1932.
3. Communication of grounds for arrest under Article 22(1) of the Constitution.

Issue-wise Detailed Analysis:

1. Detention in Police Custody Beyond 24 Hours:
The petitioner argued that he was detained in police custody for more than twenty-four hours before being produced before a Magistrate, contravening Clause (2) of Article 22 of the Constitution. The petitioner claimed he was arrested at 8:40 a.m. on 18-5-1955 and produced before a Magistrate on 19-5-1955. The Sub-Inspector's counter-affidavit stated the arrest occurred at 11:15 a.m. There was a slight discrepancy regarding the exact time of production before the Magistrate. However, both parties agreed that the interval was slightly over twenty-four hours. The excess time was attributed to the time taken in bringing the petitioner from the place of arrest to the Magistrate's Court. This point was not pressed further by the petitioner.

2. Constitutionality of Section 7, Criminal Law Amendment Act, 1932:
The petitioner contended that Section 7 of the Criminal Law Amendment Act, 1932, was ultra vires the Constitution, arguing that it prohibited peaceful picketing, which is unconstitutional. Section 7(1) of the Act penalizes various acts, including obstructing, using violence, intimidating, loitering, and persistently following someone with the intent to cause them to abstain from doing or to do any act they have the right to do. The court noted that the section does not solely prohibit peaceful picketing but encompasses a range of activities, some of which involve violence and intimidation.

The court referred to the case of 'Byron Thornhill v. State of Alabama,' where it was held that a statute prohibiting peaceful picketing violated constitutional guarantees of freedom of speech and the press. However, the court emphasized that Section 7 of the Act was not confined to peaceful picketing. The petitioner's counsel conceded that no one has the right to obstruct, use violence, or intimidate a person lawfully engaged in work, and the prohibition of such improper interference cannot be criticized as unconstitutional. The court held that Section 7 is intra vires the Constitution concerning the charge against the petitioner, as it targets criminal intimidation, which is also punishable under Section 506 IPC.

The court acknowledged that certain parts of Section 7 might be unconstitutional if they prohibit peaceful picketing. However, it is possible to sever the valid parts from the invalid ones, and the entire section cannot be condemned on that ground. The court concluded that Section 7 is intra vires the Constitution at least concerning the charge against the petitioner.

3. Communication of Grounds for Arrest under Article 22(1) of the Constitution:
The petitioner argued that the grounds for his arrest were not communicated to him as required by Clause (1) of Article 22 of the Constitution, which mandates that a person arrested must be informed of the grounds for such arrest as soon as possible. The petition did not explicitly raise this point initially, but the petitioner later claimed that no facts or grounds for his arrest had been communicated to him except that he was detained under Section 7, Criminal Law Amendment Act.

The court noted that the petitioner was told at the time of his arrest that he was being arrested under Section 7, Criminal Law Amendment Act, 1932, but no further details were supplied. The court referred to the case of 'State of Bombay v. Atma Ram,' where it was held that the information provided should enable the detained person to make a representation at the earliest opportunity. Similarly, in 'Magan Lal Jivabhai, in re,' it was held that the detaining authority must state the facts leading to the detention.

The court emphasized that the information given to the petitioner was insufficient, as merely stating that he was arrested under Section 7 of the Act did not provide any idea about the specific offence. The ground communicated should be similar to a charge framed by the court for trial. The petitioner should have been informed that he was charged with threatening Janardan Pande on 18-5-1955 to dissuade him from going to work. The court held that there was a contravention of Clause (1) of Article 22 of the Constitution, rendering the petitioner's detention illegal.

The court concluded that the petitioner's detention on 26-5-1955 and subsequent dates was illegal due to the failure to communicate the grounds for arrest promptly. Informing the petitioner of the grounds at a later stage did not rectify the illegality. The court ordered the petitioner's release forthwith.

Separate Judgment by Desai, J.:
Desai, J. concurred with the majority judgment, emphasizing that Section 7 of the Criminal Law Amendment Act contains several severable provisions, and the unconstitutionality of one does not affect the operation of others. He reiterated that the petitioner was not informed of the specific act constituting the offence, which is a fundamental right under Article 22(1). Desai, J. concluded that the petitioner's detention was illegal and ordered his release, noting that the legality of the arrest and subsequent detention should be determined through a regular trial.