By: Usham Dhananjoy Singh
The Praja Socialist Party of Manipur formed a Reception Committee of which S. Nabakumar Singh was elected the Secretary for inviting Dr. Ram Manohar Lohia and other Praja Socialist Party leaders for holding a public meeting on the 11th April 1955 at Tikendrajit park Imphal to discuss whether the Legislative Assembly and the Council of Ministers were rightly abolished and whether those should reinstated. S. Nabakumar Singh applied to the District Magistrate on 7-4-1955 for holding the said public meeting, but the District magistrate wanted a guarantee that there would be no disorder. But as no such guarantee could possibly be given as the petitioners could not become responsible for any action of other people present, the District Magistrate refused permission on 11-4-1955. However they held a meeting and the District Magistrate told them to disperse as there was an order under section 144 Criminal Procedure Code. No time was given to them to disperse and they were arrested under section 143, 145 and 188 I.P.C.
The names of the seven persons arrested were given below.
1. Dr. Rammonohar Lohia
2. Laishram Achou Singh of Wangkhei
3. Aribam Tomba alias Surendra Sarma of Bamon Leikai
4. Oinam Budhi Singh of Pisum Oinam leikai
5. Thongam Kanhai Singh of Waikhom Leikai
6. Thokchom Chandrasekhore Singh of Thokchom Leikai
7. Irengbam Bijoy Singh of Uripok Tourangbam Leikai
They were produced before the Additional District Magistrate, three hours later and the latter ordered that the petitions might go on bail of Rs.1000/- each, otherwise they would be remanded to jail hajat (custody) till 25-4-1955 without assigning any reason for such remand. The petitioners had been tortured by the jail warders by being pushed and dragged and some of them were even thrown down on the floor. Some of them had been kept for a day in a single cell being locked-up day and night quite contrary to law.
The petitioners – Dr. Ram Monohar Lohia and 6 others made an application in the court of Judicial Commissioner Manipur Imphal for a writ of Habeas Corpus. The petitioners alleged that they were wrongfully and illegally arrested on 11-4-1955 at about 5.30 p.m. in Tikendrajit Park, Imphal when Dr. Ram Monohar Lohia was delivering a speech on the ground that the holding of public meetings was prohibited by an order on the analogy of sec.141 Criminal Procedure Code dated 17-12-1954 passed by the District Magistrate Manipur.
The Judicial Commissioner Manipur held on 26-4-1955 that:
36) “xxx It thus becomes clear that the order under sec.144 Cr.P.C. issued by the District Magistrate Manipur cannot be deemed to be binding in so far as the fundamental rights of the petitioners were sought to be curtailed thereby when there was absolutely no likelihood of breach of peace or any danger to public tranquility, if the petitioners were allowed to exercise their rights. The District Magistrate Manipur could not be deemed to be acting under the provisions of the code of Criminal procedure as the later enactment has not been made applicable to this state. As such this order in question involves a violation of the de facto doctrine xxx”.
37) I have already shown about that the petitioners were exercising their right of speech and assemblage without arms in a peaceful manner in order to vindicate their rights for enforcement of public rights adumbrated in the Manipur State Constitution Act, 1947 and so the assembly of 7 persons could not be deemed to be an unlawful assembly within the meaning of sec. 144 I.P.C. and the present petitioners could not legally be deemed to be members of any unlawful assembly xxx.
38) The present petitioners numbering seven were trying to get the provisions of law (Manipur State Constitution Act 1947) acted upon and they were not using any criminal force and so their assembly could not possibly be deemed to be an unlawful assembly and their rights to freedom of speech and rights of assemblage could not legally be curtailed as was done in their case. As the order under sec. 144 Cr.P.C. issued in this cause was not a legal and valid order no prosecution under sec.188 I.P.C. could legally ensure for disobedience of this order.
39) The result is that the present petitioner must be allowed and the petitioners are set at liberty and the commitment order under sec. 143, 145 and 188 I.P.C. against them is quashed xxx petition allowed”.
But on 26-4-1955, the District Magistrate Manipur in exercise of the powers conferred by Sub-sec (2) Clause (a) of section 3 of the Preventive Detention Act 1950, directed that Dr. Ram Monohar Lohia be detained in custody in the Manipur Jail for a period of three months from this date on 28-4-55 the grounds of order of detention were furnished an extract of which was as follows:
“3. The real object of your visit to the state is reported to be to exhort the public to intensify their efforts, on demonstrable evidence of which was given by you in addressing a meeting on 11th April 1955 in the Tikendrajit Park in Imphal in collaboration with Shri L. Achou Singh, the Chairman of the Council of the Praja Socialist Party of Manipur.”
On 4 May 1955 the Secretary (Home and Dev.) conveyed the approval of the State Government to the detention of Dr. Ram Monohar Lohia s/o Late Hiralal Lohia at present at Imphal. He was classified as Class-I detenue. On 7th May 55 Inspector General of Police Manipur informed the Chief Commissioner Manipur that Dr. Ram Monohar Lohia and his two associates – L. Achou Singh and K. Borthakur Sarma might be released.
On 8th May 1955 the Chief Commissioner in exercise of the powers conferred on him by virtue of section 13 of the prevention Detention Act 1950 ordered that the detention order of Dr. Ram Monohar Lohia s/o Late Hiralal be revoked and the deteneu be set at liberty.
On 8-5-55, officiating Jailor wrote to Home Secretary that Dr. Ram Monohar Lohia and his two associates had been released that day at 3 p.m.