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TMI Blog1995 (2) TMI 480X X X X Extracts X X X X X X X X Extracts X X X X ..... ail, their bail applications will be decided by the competent Court as expediously as possible in accordance with law. B.M. Lal, J. (2A) Following question is to be answered by this Full Bench : Whether while rejecting the writ petition filed for quashing First Information Report, this Court in exercise of its powers under Article 226 of the Constitution of India can issue a writ, order or direction in the nature of mandamus commanding the Magistrate or the Court of Session as the case may be, to consider bail application of the accused/ petitioner on the same day, in the event of failure to conclude hearing of the bail application same day, to release the accused/ petitioner on bail or on his personal bond same day, by granting interim bail pending disposal of the bail application ? 2(B) Divergent judicial views surfaced in this Court on this question. According to the view taken in_Dr. Hidavat Hussain Khan v. State of U.P. and Ors. (1992 Cri. LJ 3534), a Division Bench of this Court held that this Court can issue direction to consider bail same day and in the event of failure to do so to release the accused on interim bail or on his personal bond same day till disposal of the bai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , J.) and considering the above-mentioned conflicting views on the issue, the Bench referred matter to Hon'ble the Chief Justice for constituting a larger Bench. 10. Accordingly, this Full Bench came to be constituted to consider the question formulated above. 11. At the outset it may be mentioned that following the view taken in Dr. Hidavat Hussain Khan's case 1992 Cri.LJ 3534 (All) (Supra), number of decisions have been rendered by this Court even directing the Magistrate to dispose of the bail application during early hours of the day on priority basis so as to enable the accused to move the Sessions Court same day in the event of dismissal of his baiI application by the Magistrate and further directing even the sessions court to decide bail application on the same day and in the event of failure to do so to release the accused on interim bail pending disposal of his bail application. 12. This Full Bench heard this matter at great length. Eminent lawyers of this Court addressed this Bench for the days and weeks together and enlightened us with their ingenious arguments. Sarvshri Tapan Ghosh and G.S. Chaturvedi appeared for the petitioners. Bar Association of the High Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t under the garb of interpretation, which certainly is not the function of the Court, and therefore the view taken in Noor Mohammad's case (supra) be maintained overruling the dictum laid down in Dr. Hidayat Hussain Khan's case 1992 Cri LJ 3534 (All) (supra). 16. To meet the rival contentions referred to above, it is necessary to discuss relevant provisions of the Code appearing in Chapters V, VI, XII XXXIII of the Code viz. the provisions of Section 41, 50, 57, 88, 154, 157, 167, 169, 303, 309 and 437 besides the provisions of Articles 21 and 22 of the Constitution of India, so as to find out whether the Code explicitly or impliedly gives power and jurisdiction to the Court to issue directions in the like nature as issued in Dr. Hidayat Hussain Khan's case 1992 Cri.LJ 3534 (All) (supra). 17. Provisions of Section 41 of the Code deal with a situation when police may arrest any person without warrant. It empowers the Police Officer to arrest any person without an order from Magistrate and without a warrant. Thus, arrest effected pursuant to investigation would be under the provisions of this Section. 18. The next pivot provision which has been incorporated under the Code ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onstitution and Section 303 of the Code as the accused has a right to engage a counsel of his choice. Thus, no sooner arrest is effected, the arrestee becomes entitled to the benefit of Sub-clause (1) of Article 22 of the Constitution and Section 308 of the Code and aforesaid requirements enunciated in Sheela Barse's case (supra) and Joginder Kumar's case (1994 Cri LJ 1981 (SC)) (supra) in view of constitutional mandates of Article 22 of the Constitution and Section 50 of the Code must be observed. 22. Thus, by introducing Section 50 in the Code the Legislature has taken care of the principle that innocent person cannot be put to harassment unnecessarily without assigning any ground of arrest. Hence, this provision of Section 50 of the Code is material one which brings the provisions of the Code in conformity with the provisions of Article 22 of the Constitution of India, enabling the arrestee to move for his release, and thus it confers a valuable right. Accordingly, non-observance of this provision infringes valuable fundamental rights guaranteed to him under Chapter III of the Constitution making his detention unconstitutional, illegal, unjust and unfair, therefore, in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant, which deal with the procedure for investigation. Consequent upon lodging of the F.I.R,, pursuant to the investigation, if complicity of the accused in the crime is found, it always depends upon the wisdom of the Investigating Officer to arrive at a conclusion regarding necessity of arrest considering the gravity of the offence. According to this provision, it is not imperative that in each and every cognizable offence, the accused must be arrested merely because F.I.R. is lodged against him. The Legislature has taken sufficient care by putting the words : 'If necessary to take measure for discovery and arrest of the offender' in Section 157 of the Code. Meaning thereby, if arrest is 'necessary', it is only then that the same may be effected. The clauses (a), (b) of the proviso to Section 157 are also important in as much as the police officer in charge of the Police Station, if comes to the conclusion that there is no sufficient ground for entering on an investigation, he shall not proceed to investigate the allegations made in the first information report, and in such a situation, under Sub-clause (2) of Section 157 of the Code, he shall inform accordingly to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d and evade process of law : (c) accused is given to violent behaviour and is likely to commit further offence unless his movements are brought under restraint; and (d) accused is a habitual offender and unless kept under custody he is likely to commit similar offences again. 29. Thus, considering the words if necessary to take measure for discovery and arrest of the offender reasons for making the arrest are required to be mentioned in the case diary. That is why in Joginder Kumar's case (1994 Cri. LJ 1981) (SC) (supra), Government is directed to issue departmental instructions in this regard to all the police officers. However, this word 'necessary' denotes to record in writing as to how the necessity for arrest is arrived at, and thus in the opinion of this Court since the Legislature itself has taken care hence while effecting the arrest recording of reasons therefore is implicit in the word 'necessary' and the Police Officer is duty bound to state the reasons in the case diary if the stage of arrest arrives at, so that if arrest is effected, the provisions of Section 50 of the Code are also complied with as discussed above, and the accused may make proper a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of prosecution, and appropriate orders may be passed by the Court in terms of clause (2) of Section 309 of the Code. 34. Section 437 of the Code deals with bail in non-bailable offences. Sub-section (1) of Section 437 provides that any person accused of or suspected of the commission of any non-bailable offence is arrested or detained without warrant by any officer in charge of Police Station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, certain riders have been put to the effect that such person shall not be so released if there appears reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life, and further such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or the accused had been previously convicted on two or more occasions of a non-bailable and cognizable offence. 35. Thus, the provisions of Sub-section (1) of Section 437, are controlled by three proviso added to it and these provisos are ve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e offence could apply for his bail commonly known as anticipatory bail, but after repeal of section 438 in the State of U.P. even under Section 437 of the Code by virtue of its Sub-clause (1) indeed the accused person can appear before the Court offering himself in the custody of the Court amounting to 'arrest' for being released on bail on such terms and conditions as may be imposed by the Court. 42. After considering the relevant provisions of the Code referred to above by which the investigating agency or the Magistrate are empowered to release the accused on bail, it has to be seen whether these provisions explicitly or in any manner indicate that if consideration of bail application is not possible on the same day and in the event of adjournment of the case can the applicant be released on bail or on personal bond same day. 43. From the relevant provisions referred to and discussed above, it does not bear out that if enquiry is not possible same day, the accused be released the same day on bail. Thus in view of the discussions made above, in our opinion , the Code does not envisage disposal of the bail application same day and in that situation to release the accused o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ivedi, learned Additional Advocate General, Uttar Pradesh contended that except the cases falling within the purview of Sub-clause (2) of Section 437 of the Code, ,in the cases of heinous offences it cannot be possible for investigating agency to collect all relevant materials within twenty-four hours, such as in the cases punishable under Section 302 I.P.C.. postmortem and other expert reports are required to be collected which naturally take its own time. Similar is the position in other serious offences. Therefore, release on interim bail, of such accused under the directions of this Court in exercise of powers conferred by Article 226 of the Constitution, merely on account of non-availability of relevant material before the subordinate Court concerned, would have serious repercussions resulting into destruction of relevant evidence, obstruction in collection of evidence, pressurisation of witnesses and even loss of life of innocent witnesses in the hands of such accused persons, pending consideration of the bail application. Particularly in this State where crime graph in comparison to other States is too high, possibility of any eventuality cannot be ruled out. 47. Besides thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ame class. A person who is confined in the jail and the person who is outside jail or in other words, a person whose personal liberty has been jeopardised and the person whose personal liberty is likely to be jeopardised, both certainly cannot be put in one strait jacket. Therefore, the arguments advanced by Sri Dwivedi are not acceptable. If his arguments are accepted then certainly the classes A, B C in jails will also be hit by Article 14 of the Constitution but this issue has been thrashed out by the apex Court and it has been held that the classification in jails is not discriminatory. 50. Sri Dwivedi specifically submitted that the powers conferred are to be exercised in accordance with the procedure established by law, therefore, in the absence of specific provision in the Code for the purpose interim bail cannot be granted. 51. In this regard it is sufficient to say that the provision for grant of interim bail is implicit in the main provision which speaks of bail and that is why interim bails have been granted by the apex Court. Not only in the bail matters but also in maintenance and other matters on the same analogy, interim reliefs have been granted (see S.M.D. Kiran Pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the bail applications as well expeditiously. However, this all depends upon the availability of material collected and placed before the Court at the time of considering the bail application. If there is a right, specially fundamental right guaranteed under the Constitution of India, there must be remedy for the same. Thus the submission made by learned counsel for the respondents that there is no provision under the Code, therefore, by taking aid of Article 21, in exercise of jurisdiction under Article 226 of the Constitution, no direction for consideration of bail application can be issued, has no force. Constitution of India is mother of laws. The law declared by the apex Court is also the law of land, therefore, for the enforcement of the mandate enshrined in Part III of the Constitution, direction can be issued in exercise of powers under Article 226 of the Constitution of India, irrespective of the fact that there is no provision to that effect in the Code. 56. No doubt, confinement to jail for indefinite period refusing bail for want of relevant material supply of which in the Court is mandatory for the investigating agency amounts to punishment and is contrary to the philos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Sunil Batra's ease (1978 Cri LJ 1741) (supra) also cannot be lost sight of, Thus Article 21 of the Constitution mandates to the effect mentioned above. Even then if some difficulty arises, same can easily be resolved by adhering to the provisions of chapter XXXIII of the Code along with the provisions of Part III of the Constitution of India which deals with fundamental rights. 62. However, the argument of Sri Dwivedi, that it does not spell out from the provisions of the Code that the bail application is to be decided same day, has already been dealt with and it has been observed that the directions are issued under Article 226 of the Constitution to act in accordance with the provisions of Section 437 of the Code and in the event of any procedural difficulty the Courts may take recourse of external aid so as to discover the object of Legislature and the principle of modern statutory constitution as enunciated by the apex Court in the cases mentioned above, therefore, the provisions falling under Chapter XXXIII of the Code are to be read in this context considering their object. 63. In Union Carbide Corporation v. Union of India (AIR 1992 SC 246) and M.V. Elizabeth v. Harwan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Code, pursuant to the F.I.R. or any relevant information, the police can investigate the i| crime and arrest the accused persons if necessary and as far as releasing accused person on bail is concerned, the procedure is prescribed and if the police machinery proceeds in accordance with the law established by the Court, certainly there will be no infringement of Article 21 of the Constitution. 66. There fore where under the garb of procedure prescribed by the Act action taken gives obnoxious smell, immediately mandate issued under Article 21 comes to rescue and the action of the prosecution becomes contrary to the provisions of Article 21 and it will be not only arbitrary, unreasonable and unfair but also be oppressive and that is what has been laid down in Maneka Gandhi's case (AIR 1978 SC 597) (supra). Hence it is not that the Chapter XII of the Code gives unfetterred licence to the police agency to arrest the accused pursuant to the F.I.R. in all cognizable cases, otherwise the mandate issued under Section 157 of the Code by putting the word 'necessary' would become redundant and that is why number of checks have been imposed not only , under the Constitution of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ive form but its interpretation given by the apex Court, where personal liberty has been, construed to be the right to live with human dignity which is at the highest pedestal cannot be lost sight of. In G. Nasirulla v. Public Prosecutor Andhra Pradesh (AIR 1978 SC 429) it has been ruled that Article 21 makes deprivation of liberty a matter of grave concern and permissible only when the law authorises to do so. Thus Article 21 is not only available to the citizens but to non-citizen as well. 69. The recent two decisions in Unnikrishnan s case (AIR 1993 SC 2178) (supra) and Joginder Kumar's case (supra), are eye openers in this regard. In former case, the word 'life' occurred in Article 21 has been interpreted and the same has been construed to be a life of dignity as a civilised human being and not just animal survival. In the later case, (vide para 20 of the judgment) it is ruled that no arrest can be made because it is lawful for the police officer to do so. The existence of power to arrest is one thing but justification for exercise of it is quite another. The police officer must be able to justify the arrest apart from his power to do so. The arrest and detention of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, might have had some force few decades back, but with the change in society if the law is not changed by enactments in accordance with the needs of the society, certainly this uphill task is to be taken by the Courts and the law Courts do not lag behind for want of power; authority or jurisdiction to declare the law, to apply the law and to give binding and authoritative decisions and to carry it out into effect. 74. In the historical case of Keshvanand Bharti (AIR 1973 SC 146), Justice Matthew observed that judicial function is like legislative, both creative and application of law. The judicial function is ordinarily determined by the general norms in both as to procedure and as to contents. 75. Thus, since the scope of life and personal liberty has been expanded and put at the highest pedestal by the apex Court vide judicial pronouncements referred to above by virtue of which personal liberty means to live with human dignity and in view of the settled legal position that the moment person is arrested and sent behind the bars his dignity is affected, hence in this context considering the widest amplitude of Article 21 of the Constitution, there is no difficulty in holding that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Constitution, while issuing direction and command to the Magistrate or the Court of Sessions as the case may be, to consider the bail application, time schedule for concluding bail proceedings cannot be fixed. This is our answer to the question referred to us. 79. Accordingly, the view taken in Dr. Hidayat Hussain Khan's case 1992 Cri. LJ 3534 (supra), to the extent it fixes outer limit for disposal of the bail application same day and directs for releasing the applicant on bail in the event of falilure to dispose of bail application the same day, stands overruled and the view taken in Noor Mohammad's case (supra) to the extent it is in conformity with the conclusion arrived at by us above is confirmed. 80. However, in view of latest pronouncement of apex Court in Karta Singh case (1994) 3 SCC 569 (supra), this Court itself, in exercise of jurisdiction under Article 226 of the Constitution, in rarest of rare cases in extreme situation where it ex facie finds that the proceedings initiated against the accused persons by the police agency amount to abuse of process of the Chapter XII of the Code, may in its discretion, consider to grant, bail. 81. In view of foregoing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... likely to be enlarged on bail. As such the fundamental right of the personal liberty is curtailed and the accused is deprived of his personal liberty for no fault of his. The personal liberty includes reputation, dignity and honour of the individual, which can be saved and maintained if the Courts below are directed to hear and dispose of the bail application on the same day and in case the application is not possibly heard and disposed of on the same day, then the accused be released on interim bail till the disposal of his bail application particularly when there would be no harm or prejudice to the prosecution or any other person. 86. There are two sides of a coin. The first is the concept of personal liberty of an individual from an illegal or arbitrary arrest by the police or by some administrative act and the order is of protection of interest of the Society at large from terrorism and atrocities of the large and extensive activities of the criminals. The function of the Court is to place the needle of the scale at a right place so that the personal liberty of an individual can be maintained and the Society can be saved from extensive tendency of crime. Shri H.V. Kamath state ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re in dispute that the arrestee has to be told the grounds of arrest immediately after he has been put under arrest. 88. Simultaneously with the aforesaid provision in the Constitution there are other Sections in the Cr. P.C. where an arrest may be affected because of warrant executed by Courts outside the territorial jurisdiction where the proposed arrestee lives. In such cases and some other cases also the provisions contained in Section 88 of the Cr. P.C. may apply. 89. Therefore, if a comparative study of these provisions is made, it will be apparent that disclosure of grounds of arrest where a police officer exercises power under Section 41 Cr. P.C. has got to be disclosed to him in view of the mandatory provisions contained in Section 50 Cr. P.C. It further follows that grounds of arrest while issuing a warrant of arrest to some other Court cannot be disclosed unless the arrestee is taken to the Court issuing the said warrant. However, in cases where Sections 41 and 50 Cr. P.C. apply it will be a pure question of fact as to whether the grounds of arrest were disclosed to the arrestee or not. The allegation if made to the effect that grounds of arrest were not disclosed can we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t decide this point the detention becomes lawful on January 24, 1968 when he was arrested by the Civil Police and produced before the Magistrate on January 25,1968. He is now an undertrial prisoner and the fact that he was arrested is only one case which does not make any difference. 93. Next stage comes relating to remand of arrested person to custody till the submission of charge sheet. The Division Bench of this Court in the case of Noorul Huda v. Superintendent, Central Jail, Naini, Allahabad and Ors., reported in 1984 A.L..T. 561. When a valid order of remand is passed after submission of charge sheet all previous irregularities or illegalities occurring in connection with the orders of remand passed under Section 167 Cr. P.C. stand cured as the orders of remand would be governed by the provisions of Section 209 Cr. P.C. In such case the question of releasing a person from custody or detention authorised by any particular order of remand or detention order would not vitiate since the last order of remand directing the judicial custody is valid order. Then the stage comes about the custody of an accused before the inquiry and trial Court after the charge sheet is filed. Accordi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accused is in prison after his arrest in a criminal case without an order or warrant of remand by a competent Court he is in custody as distinct from being on bail. The word 'custody' therefore embraces both legal imprisonment as well as illegal imprisonment. 94. The trend of the Courts is that criminals should not go scot-free because of the police blunder or mistake of the Court committed in passing the remand order for the custody, opportunity to Court is given to have the mistake corrected so that interest of the Society may be saved from the operation of the criminals. 95. I fully subscribe to the views of my. esteemed brothers that under Articles 226 and 227 of the Constitution this Court cannot direct the Courts below that the bail application of the writ petitioner may be heard the same day he surrendered for the reasons enumerated in their scholarly judgments. 96. So far as the second question relating to grant of interim bail by the Courts below if the bail application is not heard and disposed of the same day is concerned, I may with great respect invite attention to Section 389 of the Code of Criminal Procedure which envisages interim bail in the cases where th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ough the judgment prepared by our esteemed brothers Hon' ble Mr. Justice B.M.Lal, Hon'ble Mr. Justice Palok Basu, with whom Hon'ble Mr. Justice V.N. Mehrotra has concurred fully and also the opinion expressed by Hon'ble Mr. Justice Kundan Singh, who, after concurring with Hon'ble Mr. Justice Palok Basu's view, has expressed his views in few words in support of the same. 100. The following question was referred to this Full Bench :- Whether while rejecting the writ petition filed for quashing first information report, this Court, in exercise of its powers under Article 226 of the Constitutioon of india can issue a writ, order or direction in the nature of mandamus commanding the Magistrate or the Court of Sessions, as the case may be, to consider bail application of the accused/ petitioner on the same day, AND in the event of failure to conclude hearing of the bail application same day, to release the accused / petitioner on bail or on his personal bond same day, by granting interim bail pending disposal of the bail application ? 101. The occasion for constituting the Full Bench arose because of two conflicting judgments rendered by two Division Benches of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consider to grant bail. In fact, to my view, this additional observation was not needed because this question was not referred to the Full Bench. However, since this observation is based on the Supreme Courts observations, it should be allowed to stand as it is. 104. While replying to the same question, Hon'ble Mr. Justice Palok Basu while concluding, observed at page 48 as follows:- In view of the aforesaid discussions the decision in the Allahabad case i.e., Dr. Hidayat Hussain Khan v. Slate of U.P. is overruled and the exposition of the legal position in the Lucknow case, i.e., Noor Mohd. v. State of U.P. and Ors. is upheld except that since no adminslralive directions appear necessary, the said paragraph is overruled. For the aforesaid reasons, all the three writ petitions arc disposed of with the direction that if the petitioners are arrested and brought before the competent Court or voluntarily surrender before the competent Court and apply for bail, their bail applications will be decided in accordance with law by the competent Court as expeditiously as possible. 105. Thus the view expressed by all the Hon'ble Judges on the question referred to this Bench is the same ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Therefore, again the discretion of the Magistrate crops up. Whether the material is sufficient or not is left to the subjective satisfaction of the Magistrate. In many cases, materials might not have been collected or if collected, might not have been transmitted to the Magistrate or to the public prosecutor. Therefore when the bail application comes up the prosecution prays for lime to bring forth the entire material collected or likely to be collected before the bail may be considered. By any stretch of imagination, this request of the public prosecutor can be said to be unreasonable. 109. The authority given to the Magistrate flows from the Constitution (Article 22) and has been further conferred by the provisions of Cr. P.C. Hence this Court while sitting under Article 226 of the Constitution, cannot pass any direction as to in what way the Magistrate should act, and how should he deal with the bail matter and whether he should concede to the request of the public prosecutor or not. There can be no dispute that if the entire material is available, the Magistrate may always decide the bail application on that very day. But if the entire material is not available, as per averment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he words used are as soon as may be or within a reasonable time. So if the Magistrate remands the accused to Jail custody and fixed a date for consideration of the bail within a reasonable time, he very much acts within the jurisdiction vested on him by the Cr.P.C. and also legitmised by the Constitution. 113. The accused may have been named in the FIR in some cases, while in certain cases, he may not be named in the FIR. He might have been named under Section 161 Cr.P.C. All the culprits for interrogating him, may not be available by that time, except a strong suspicion existing against the accused. In that case, the Magistrate will be justified in sending the accused to Jail for a short period, not exceeding 15 days at a time. This time may be utilized by the prosecution for collecting the entire material. In these days where crime is not only local and national but also has international ramifications, it will not be possible in such cases for the police officers to conclude investigation within 24 hours. In many cases, assistance of inter-state police and INTERPOL becomes necessary. The accused might have taken shelter in some other state or country. Without adequate time, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t be afforded to the Magistrate/ Sessions Judge. That is why, it should be left to the Magistrate whether to decide the bail application immediately or within a reasonable time thereafter with a view to do justice to the case without in any way being interfered by this Court. 115. Whether in'a given circumstance, the Magistrate grants temporary or short-term bail or not, is always in the discretion of the Magistrate. This point has been considered by Hon'ble Mr. Justice B.M.Lal at page 36 of his judgment and 1 agree with the observations made by his Lordship, to which, unfortunately, Hon'ble Mr. Justice Palok Basu does not subscribe. On the basis of detailed discussions made by Honjble Mr. Justice B.M.Lal, his conclusions appear to be justified. Of course, this was not a question referred to us and could have been avoided. But I agree with the observations made by Hon'ble Mr. Justice B.M.Lal at page 26 of his judgment. There is another difficulty. There are cases where the police may need the assistance of the accused to make recoveries under Section 27 of the Evidence Act and it is quite likely that on the basis of such recovery, a fool proof case may be made out a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 nugatory, ineffective and impotent. That is why, I do not agree with the arguments advanced by learned counsel Mr. Tapan Ghosh that even in such cases, the Magistrate/ Sessions Judge should be ordered to consider the bail on the same day. Accordingly, this contention is rejected. The arrest made under Section 41 Cr.P.C, is an arrest under the provisions of Cr.P.C. i.e. procedure established by law. 117. There is, however, one practical difficulty. In one crime number two persons are named as accused, i.e., A and B. The police goes to arrest both. A is arrested. B runs away. A is produced before the Magistrate. His bail application is put up for hearing on a date fixed. In case of rejection by the Magistrate, an approach is made to the Sessions Court, which also fixes a date for hearing of the bail matter. B approaches the High Court and gets an order under Article 226 of the Constitution in his favour, ordering the Magistrate/ Sessions Judge to consider his bail application on the same day. The Magistrate/ Sessions Judge is bound to obey this order and thus the bail application of B shall get precedence over the bail application of A. Indirectly it will be encouraging evasion of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g to a correct conclusion. In many cases, accused is interrogated, which is also a part of investigation. By unduly interfering with the discretion vested in the Magistrate or ordering him to consider the bail application on the same day, this Court will not only be interfering with the discretion vested in the Magistrate but also in the investigation itself. It is not proper and desirable it should be avoided. 120. There is no dispute that this Court under Article 226 of the Constitution has unlimited jurisdiction. But the'courts have always imposed restrictions upon their own powers and existence of an alternative forum, for getting a particular relief, is one of those circumstances which induces this Court to refrain from acting under Article 226 of the Constitution. The existence of provisions of bail in the Cr.P.C. has provided a validly authored forum. Hence this Court should leave the matters in the hands of the judicial authorities created under the Code of Criminal Procedure. Of course, this Court may interfere when gross injustice is brought to its notice and quash the investigation, charge-sheet, arrest etc. whereas, the accused may press the normal Courts concerned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... much as an order granting parole to a culprit. Because in the latter case, the society suffers a lot. This is not a case of winner or loser. Rather, it is a case where the State has to play an active part in discharging its legal and statutory obligation. That is why, full consideration after application of judicial mind, is a must even before granting a short-term bail or parole to the accused. 124. I do not subscribe to the view of Hon'ble Mr. Justice Kundan Singh that there is no provision for granting parole or short-term bail in the Code of Criminal Procedure except Under Section 389(2) Cr.P.C. This point has been dealt with by Hon'ble Mr. Justice B. M. Lal extensively in the body of his judgment. I respectfully agree with Hon. Mr. Justice B. M. Lal. 125. It was urged by Mr. R.K. Jain, another Senior Advocate and an intervener on behalf of the High Court Bar that the consideration of bail on the same day, is not prohibited by the Cr.P.C. Therefore, this Court can direct the Magistrate to consider it on the same day. There is no dispute so far as the first part of this contention is concerned. The only dispute is with regard to the second part, which cannot be entertai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exercising powers under Article 226 of the Constitution. 129. The Lucknow case contemplates certain hardships and desires that some administrative directions may be issued by the High Court. Hon'ble Mr. Justice Palok Basu has rightly observed at page 48 of his judgment that this portion of the judgment should be ignored as no administrative direction appears necessary and the same paragraph should be overruled. I wholly subscribe to this valuable view of our esteemed brother. This does not mean that the High Court cannot exercise the rights of superintendency available to it under Articles 226/227 of the Constitution. But the administrative directions should not interfere with the exercise of the judicial discretion vested in a particular authority, i.e. Magistrate in this present case. 130. Mr. G.S. Chaturvedi argued that the Government servants stand as a class by themselves, inasmuch as they are likely to be suspended and lose their jobs in case they are kept in jail for more than 48 hours. Therefore, in that case, the Court can interfere. I do not subscribe to this view. If the Govt. servants are treated as a separate class, several such classes like unmarried ladies, whose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he spirit of procedural law contained in the Cr.P.C. Even the Legislature cannot take away the powers of a Magistrate conferred upon him by Article 22 of the Constitution, much less this Court. 136. Another unfortunate feature of the case is that while passing an order under Article 226 of the Constitution, while rejecting the main prayer for quashing the FIR, the entire case diary containing the materials is not available before this Court. Even then this Court ventures to exercise its arrogated powers even in respect of such matters. No judicial order should be passed without proper consideration of the entire material as it may amount strangulating the procedure contained in the Cr.P.C. Hasty justice spells doom. 137. In many cases it so happens specially, in communal riot cases that the police officer has to contain the riots, prevent future offences from being committed and get the offenders arrested, who have already committed offences and at the same time, he has to collect evidence too. All these things have to be done almost simultaneously by the police. Hence the entire material cannot be produced before the Magistrate at the time of consideration of short-term bail. Acti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for direction to consider bail application on the same day the decisions of learned single Judges in Rajendra v. State, 1989 ACC 57 and Sipti v. State, 1991 ACC 178 thereby issuing general directions not to arrest an accused till his bail application shall have been disposed of by Court below, which practice should be universally followed by Sessions and Magistrates' Courts, were overruled and it was held that- Even without interfering with the first information report or with the investigation, High Court under Article 226 of the Constitution, has power subject to limitation created by Constituion, to enforce fundamental or legal rights and also to administer law with a view to give effect to law. Right to speedy trial flows from Article 21 of the Constitution encompassing all the stages, namely... stage of investigation, enquiry, trial, revision and retrial. The principle of speedy trial even includes the period of remand, pre-conviction detention. It should be as short as possible. Accused are not to be subjected to unnecessary and unduly long harassment prior to his conviction. Thus, a direction of the High Court in appropriate cases under Article 226 of the Constitution in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etail above, violate the provisions of law and subvert the process inherent in the bail determination. It is not that we are not equally concerned about the unnecessary deprivation of liberty of any individual. Yet we cannot persuade ourselves to bend the provisions of law relating to bail beyond the limit of elasticity and issue directions which would stretch them beyond the breaking point. However, in case this Court, in its administrative capacity considers simplification of this process of bail, the present harassment can substantially be reduced. 146. There is thus a direct conflict in the decisions in the Allahabad case and Lucknow case which has to be clarified and law has to be settled. This necessitates a look at the facts and the questions raised by petitioners in the matters under reference. 147. In the instant writ petition No. 3643 of 1992 filed by Dr. Vinod Narain the main prayer is that the first information report dated 20-12-1992 giving rise to case Crime No. 2747 of 1992, P.S. Kotwali, Bareilly lodged by Sri P. N. Tripathi registered under Section 279 and 304-A, IPC (420 IPC added in the diary) be quashed. In the alternative it was prayed during arguments that sho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich this reference was made. 150. Before going into the various arguments raised, it would not be presumptuous to conclude that the principal controversies which are up for consideration in the instant petitions are perhaps the illegitimate progeny of an unwelcome alliance between a Central Act (Cr.P.C. Act II of 1974) enacting 'anticipatory-bail' provisions for the entire country in Section 438 thereof, and, a State Act (Criminal Law Amendment Act No. XVI of 1976), Section 9 of which OMITTED the said Section 438 Cr.P.C. is entire Uttar Pradesh. Unfortunately, the said alliance is' still persisting. That means that pre-arrest remedy available in rest of the country is denied to the citizens in Uttar Pradesh. If the anticipatory-bail provisions are restored in the State of Uttar Pradesh, no citizen may feel like approaching this Court for an order that his bail application be directed to be heard the same day . This legal situation was criticised by the petitioners as anomalous, discriminatory and purposive. On behalf of the State it was argued that the experiment of bringing in provisions of anticipatory bail was discouraging not only in Uttar Pradesh but in the entire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. XVI of 1976 deleting Section 438 Cr.P.C. in the entire State of Uttar Pradesh, has been upheld. May be that the existence of Section 438 Cr.P.C. in the adjoining States or for that matter, perhaps in the rest of the country and its deletion only in the State of Uttar Pradesh has not been examined from the point of view of requiring uniformity in procedure in the administration of Criminal law throughout the country. None-the-less, while examining the provisions of TAD A which of course is applicable selectively in different parts of the country, the aforesaid State Act was examined and its validity has been upheld. 153. It would, therefore, not be permissible for the parties to advance arguments in this Court regarding the validity or otherwise of Uttar Pradesh Act No. XVI of 1976 omitting Section 438 Cr.P.C. in the State of Uttar Pradesh. It is not known whether a re-thinking about continuing with the provisions contained in Section 438 Cr.P.C. in other States, or restoring the provision in the State of Uttar Pradesh was going on or not, it sounds desirable that uniformity is brought regarding provisions of anticipatory bail throughout the country. 154. However, some of the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... legislature. The most that can be suggested is that the entire country deserves to be brought on similar lines so that equal opportunity in procedural law regarding anticipatory bail is available to all, which similarity exists for the purpose of bail matters. Care can be taken for making provisions for excepting such areas which are affected by terrorism or even serious threat of law and order. 157. The judgment was reserved in these cases after hearing fairly lengthy arguments. It has taken some more time to deliver judgment as the matters had to be examined in depth from various angles and several parleys and discussions were held amongst us. Since, however, the matters were of great importance, the High Court Bar Association was permitted to intervene. Some other eminent counsel of this Court were requested to assist the Court. Sri Tapan Ghosh, Sri Anup Ghosh, Sri G.S. Chaturvedi and Sri. A.K. Singh on behalf of the petitioners, Sri A.D. Giri, Sri J.S. Sengar, Sri R.K. Jain and Sri D.S. Misra as intervenors, and, Sri Rakesh Dwivedi, Addl. Advocate General, Sri P.K. Bisaria, A.G.A., for the State have argued the matter with ability, sincerity of purpose and with impartial objec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r inquiry as it deems necessary. 160. It appears necessary to refer to the 'objects and reasons' behind Sections 436 to 439 of the new Code so that distinction in exercising powers of granting bail between cases which are punishable with death or imprisonment for life and other cases may be noticed. But the objects and reasons regarding introducing provision for 'anticipatory bail' would be dealt with little later. 39. A. The broad principles adopted in the Code in regard to bail are (1) bail is a matter of right, if the offence is bailable, (ii) bail is a matter of discretion, if the offence is non-bailable; (iii) bail shall not be granted by the Magistrate if the offence is punishable with death or imprisonment for life; but if the accused is a woman, or a minor under the age of 16 years, or a sick or infirm person, the Court has a discretion to grant bail; (iv) the Court of Session and the High Court have a wider discretion in granting bail, even in respect of offences punishable with death or imprisonment for life. 39.2. Under Section 496, the right to bail is absolute in case of bailable offences it has been suggested that where a person released on bail has ab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er bar on the exercise of the said power by the Court or the Officer if the accused had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more or he had been previously convicted on two or more occasions for a non-bailable and non-cognizance offence. After these two Sub-clauses there are three provisions. By the first proviso the Court is authorised to release even an accused covered by Clause (i) or Clause (ii) if the accused is under 16 years or is a woman or is sick or infirm The second proviso again creates an exception empowering the Court to grant bail even to those accused who are covered under Clause (ii) if the Court is satisfied that is just and proper so to do for any other special reason. The third proviso, however, indicates a guideline saying that mere pendency of an identification parade shall not be sufficient ground for refusing the bail. 165. Then came Sub-sections (2) and (3) respectively which are of vital importance for the discussions following. Sub-section (2) empowers 'such officer' or 'Court' at any stage of the investigation, enquiry or trial, as the case may be, to grant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the custody of the Court begins. Therefore, the right to hear bail application of such an accused is that of the Court alone and none else. 169. The Supreme Court has extensively dealt with the scope of Sections 437 and 439, Cr. P. C. in Gurcharan Singh, AIR 1978 SC 179. It may be mentioned here that Sub-section (1) of Section 437, Cr. P. C. was amended and reframed vide Cr. P. C. (Amendment) Act, 1980 (Central Act No. 63 of 1980) w.e.f. 23-9-1980, though the intendment of original Sub-section (1) was maintained. Slight . amendments were also made in Sub-section (2) and Sub-section (4) of Section 437, Cr. P. C. though the original intendment of those two Sub-sections was also maintained. Therefore, inspite of the amendments, the law laid down in Gurcharan remains as effective today as it was, when pronounced. Some invaluable observations in Gurcharan may be quoted here for cutting short the discussion :- ...Under the new as well as the old Code an accused after being arrested is produced before the Court of Magistrate. There is no provision in the Code whereby the accused is for the first time produced after initial arrest before the Court of Session or before the High Court (Para- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be covered by Sub-section (2) of Section 437, Cr. P. C. 171. In no other case have the Magistrates been empowerd to grant bail. The applicability of the bar created by Sub-section (1) of Section 437 is relaxable only to the extent of allowing discretion regarding those covered by the first-proviso which in practice, the Magistrates do and shall rightly leave open for the superior Courts to exercise under Section 439, Cr. P. C. Even the power to release on bail any accused or suspect who may be covered by Clause (i) of Sub-section (1) of Section 437, Cr. P. C. for any special-reason is not available to a Magistrate because the Second-proviso itself has restricted applicability of special reasons clause to those who may be covered only by Clause (ii) of Sub-section (1) of Section 437, Cr. P. C. 172. The discussion aforesaid relating to the provisions of bail contained in the Cr. P. C. shows that a person applying for bail shall either have been arrested or surrendered, i.e. appeared before the Court. To be in custody is the pre-condition for entertaining of an application for bail. The very word 'bail' and 'release' of a person on bail would-presuppose the person bein ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egarding the grant or refusal of bail, each case has to be decided and considered on merits. It may be necessary for the Courts to consider the further materials by the Investigating Agency by referring to the statements of the witnesses in the diary while considering prayer for bail. (See-A. C. Digey) 1990 (l)(JT)28 SC :(1990 Cri LJ 788). 175. It may now be useful to deal with the intervening matter relating to the grant of interim bail. In the Cr. P.C. the provision to grant bail for an interim period is contained in only one provision, i.e., Section 389(3), Cr. P. C. A convicted person can be granted bail by the trial Court for a fixed period (if the pre-conditions exist) to enable him to file appeal before the Appellate Court and obtain bail order from that Court in the appeal. There is and was no other similar provision in the Cr. P. C. 176. Let there be no confusion in what the expressions such as 'interim-bail' or 'temporary bail' or 'time-bound bail' or parole' or 'fixed term bail', etc. convey. These types of bail orders are often passed by competent Courts for special reasons , for example, treatment of accused or his close relatives or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 437, Cr. P. C. upon which he can be entitled to move a bail application after surrendering to Courts custody which for all practical purposes is equivalent to his arrest and production before the Court for remanding him to custody. Thus, in dealing with an application for release on bail the concerned Court has to hear the prosecution; 'and the State or the complainant has the right to place facts and circumstances before the Court in order to oppose the prayer for release on bail. Law does not permit any compromise on these mandatory provisions. The examination of facets and circumstances by the Court being thus pre-requisite for deciding a bail application, the release of an accused or suspect before facts and circumstances can be produced, by taking recourse to what is referred to as interim-bail would be without any legal sanction and thus not permissible. 178. It is undoubtedly true that speedy trial is one of the rights of an acccused which would encompass all stages such as investigation, enquiry, trial, appeal, revision or retrial. The period of remand and pre-conviction detention of an accused should be as little as possible that his worry and anxiety is minimised ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rocedure thereafter as noted above regarding offence in which the Magistrate in empowered to grant bail. 181. The principal objection on behalf of the State of U. P. was that once the anticipatory bail provisions have been deleted, Article 226 of the Constitution of India cannot be used by any accused as a substitute for Section 488, Cr. P. C. The argument proceeds that an order for bail application to be decided the same day' can not be passed because the accused would neither be under arrest nor in judicial custody and it would amount to hearing an application for 'anticipatory-bail'. It was argued that the State is not interested in delaying any bail application but must be afforded sufficient opportunity to exercise its statutory right to oppose a prayer for bail. It was emphasised that the discretion to hear and decided an application for bail, of the Magistrate or the Sessions Judge, as the case may be, depending upon the gravity of the offence making it subjectmatter of Magisterial trial or Sessions trial, cannot be thwarted or interfered with in any manner by a superior Court. It was then argued that there being no provision for granting interim bail except perh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the like constitutional provisions. Those rulings do not add anything to those constitutional provisions but a broader interpretation of those provisions has so rightly been projected by the Hon'ble Apex Court. 186. It has to be noticed that rule of law constitutes the core of our Constitution and it is the essence of the Rule of law that the exercise of powers by the State, whether it be legislative or the executive or any other authority, should be within the constitutional limitations. (See D. C. Wadhwa, AIR 1987 SC 579.) Keeping in view this salutary principle, the Courts have always acted with restraint in defining its own powers though the very Courts have gone to any extent in using its powers under Article 226 of the Constitution of India in order to protect the fundamental rights of the citizens and uphold the rule of law. Arms of the High Courts are long enough, when they exercise prerogative discretionary powers under Article 226 of the Constitution, to reach injustice wherever it is found in the judicial or quasi judicial process of any Court or Tribunal or authority within their jurisdiction but it is hedged with self-imposed limitations. (See P.P. Sharma, AIR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... effectivity to connect offender with crime which would serve the detector's purpose. (See P. P. Sharma-ibid), AIR 1991 SC 1260. 189. If the police-officer transgresses the circumscribed limit and improperly and illegally exercises his investigating powers in breach of any statutory provisions causing prejudice to the personal liberty and property of a citizen, the Courts on being approached by the person aggrieved for the redressal of any grievance, have to consider the nature and extent of the breach and pass appropriate orders as may be called for without leaving the citizens to the merely of police echelon. (See Bhajan Lal), AIR 1992 SC 604. 190. Even when a citizen is under threat of being arrested in connection with a preventive law the proposed detention on the basis of a detention order can be challenged even before the service of the said order on the would-be-detenu and in such a case claims of the State on the one hand and fundamental rights of the citizen said to be infringed on the other, have to be balanced by the Courts. (See N. K. Bapna v. Union of India, 1992 (3) SCC 512). Even if it be assumed that in a matter there are several questions of law to be deeply go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e magnitude involving members of underworld with their tentacles spread over various parts of the country or even aborad, investigating which may involved considerable time for bringing the culprits to book. It may not be possible to fix rigid principles for speedy investigation or to stipulate any arbitrary period of limitation within which investigation in a criminal case should be completed. (See Pavithran). 193. It may now be mentioned that Hon. B. M. Lal, J. has referred to Articles 21 and 22 of the Constitution, decisions of the Supreme Court in sheela Warse, AIR 1983 SC 378 and Joginder Kumar, AIR 1994 SC 1349, King Emperor v. Khaja Nasir Hussain, AIR 1945 PC 18, R.P. Kapoor, AIR 1960 SC 866, S.N. Sharma, AIR 1970 SC 786 and Sohan Singh, AIR 1974 SC 1146 and then has observed :- ...not that in each and every cognizable matter Police Agency has been given blank chit to arrest an accused and that is why statutory restriction has been imposed under Section 157 and arrest is made discretionary. ( Emphasis supplied ) These observations have been repeated at pages 24 and 33. 194. About these observations it has to be clarified at once that no discretion in law is available to an i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... B. M. Lal, J. has then rejected the argument of the respondents that there is no provision for granting interim bail to an accused, and thereafter, His Lordship has made observations in three findings which are so very different from the aforesaid observations and findings which have respectfully been concurred with as noted above, that total disssociation with those observations has to be unhasitatingly recorded. Those observations are contained and shown in block letters in the findings quoted below; (1) Last para at page 23- In this regard it is sufficient to say that THE PROVISION OF GRANT OF INTERIM BAIL IS IMPLICIT IN THE MAIN PROVISION WHICH, SPEAKS OF BAIL AND THAT IS WHY BAILS HAVE BEEN GRANTED BY THE APEX COURT. Not only in bail matters, but also in maintanance and other matters on the same analogy, interim reliefs have been granted. (See SMDK Pasha v. Government of Andhra Pradesh, (1989) 4 JT 366, Ghanshyam Das, (1982) 3 SCC 389, etc... . (2) First para page 36: ...Indeed, in appropriate cases, while considering bail applications under Section 437 of the Code, taking into account the attending circumstances narrated in the bail application and subject to availability of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of the Delhi High Court. From the facts it transpires that perhaps her bail application, or, may be anticipatory bai1 applieation-which provision was applicable in Delhi-was rejected by the Delhi High Court and hence the Appeal was taken to the Hon' ble Supreme Court in which the appellant was directed to be released on bail. In S.M.D. Kiran Pasha, (1989) 4 JT 366, it was held that Article 226 of the Constitution of India empowers High Courts to issue any person or authority or Government writs for enforcement of rights conferred by Part-Ill of the Constitution. It was further observed that High Courts could pass interim orders of injunction, stay or any other manner for giving protection of life and personal liberty if Article 21 was being affected. These cases therefore, cannot be an authority for the proposition that power to grant interim bail exists because of the existence of the power to grant bail. As noted above during the relevant discussion, bail would always mean directing a person to come out of jail or remain out of custody. There can not be anything 'interim' in that regard because allowing or rejecting a bail application means that the applicant comes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gal provision should be interpreted in a manner so as to extend its field of operation in spheres where it is not intended to operate if normal meaning of the words are taken into account. 204. In view of the ever vigilant eves of this Court, no honest, peace-loving and respectable citizen of our motherland needs to be afraid of any infringement of his individual liberty, dignity or even privacy. If ever any action calculated to impair any of the three rights by any police officer, or executive authority or any unscrupulous politician is brought to its notice, this Court shall pass orders and issue directions so as to reach the ends of justice and protect those rights. Being the Court of record and the custodian of Constitutional rights of citizens, never has this Court shirked that responsibility which has been entrusted to it by the Constitution itself through Articles 225, 226 and 227 thereof. (See Swapan Kumar), AIR 1965 SC 949 (sic). It may be interesting to note here that the Americans, who claim to be great protagonists of human rights and liberty, which claim is disputed by many for the black and white racial discrimination dominating the Americal society, have authorised p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one year....This gives rise to the right of the accused to be released on bail on expiry of the said period of 180 days or the extended period.... We have no doubt that the common stance before us of the nature of indefeasible right of the accused to be released on bail by virtue of Section 20(4)(b) is based on a correct reading of the principle indicated in that decision. The indefeasible right accruing to the accused in such a situation is enforceable only prior to the filing of the challan and it does not survive or remain enforceable on the challan being filed, if already not availed of. Once the challan has been filed, the question of grant of bail has to be considered and decided only with reference to the merits of the case under the provisions relating to grant of bail to an accused after the filing of the challan. The custody of the accused after the challans have been filed is not governed by Section 167 but different provisions of the Code of Criminal Procedure....If the accused applies for bail under this provision on expiry of the period of 180 days or the extended period, as the case may be, then he has to be released on bail forthwith. The accused, so released on bai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e courage to be impatient, let him have the patience to be brave. Teach him always lo have sublime faith in himself because then he will always have sublime faith in marking. ... 210. Swami Vivekanand, the adorable-heavenly personality whose life and teachings have made us feel proud of being Indian, has beckoned the countrymen by His clarion call: Arise, awake and stop not till the goal is reached. ...Awake from this hypnotism of weakness. None is really weak, the soul is infinite, omnipotent, and omniscient. Stand up, assert yourself, proclaim the God within you....Teach yourselves, teach everyone his real nature, call upon the sleeping soul and see how it awakes. Power will come, glory will come, goodness will come, purity will come, and everything that is excellent will come when the sleeping soul is roused to self-conscious activity.... At another place - This is the motherland of philosophy, of spirituality and of ethics, of sweetness, gentleness and love. These still exist, and my experience of the world leads me to stand on firm ground and make the bold statement that India is still the first and foremost of all the nations of the world in these respects. Did you ever hear ..... X X X X Extracts X X X X X X X X Extracts X X X X
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