The police, howev er, given the liberty to keep a watch around the house of the detenu and to watch his movement outside his house during his release on parole.
Toilet i Every security prisoner shall be supplied with neam or babul stick at Government expense.
2865/1976 3.
30/ per month and may spend these funds or a similar sum from his own private funds on such objects and in such manner as may be permissi ble under the rules, in case in which for want of funds any security prisoners are companypelled to do without small amenities which their fellow prisoners enjoy, such amenities may, if companysidered absolutely necessary by the Commis sioner or the Superintendent be supplied to them at Government companyts.
From the Judgments orders dated 8 4 76, 7 4 76, 12 4 76 8 4 76 of the Karnataka High Court in W.P. Nos.
5,000/ undertaking to surrender himself to the jail authorities number later than 5 P.M. on 15 4 1976 and number to take part in any political activity or other activity detrimental to the security of the State.
The police however, given the liberty to keep a watch over the detenu and to follow him movements during the period he remained on parole.
Bangalore.
Application No.
The police, however, given the liberty to keep a watch around the house houses in which the detenu stayed and to follow his movements outside the house or houses during the period he remained on parole.
SIXTH BATCH OF APPEALS Sr.
20 3 1976 Crl.
3002/1976 3.
8 4 1976 W.P. No.
New Delhi Sd F.A. Ahmed the 25th June, 1975 President.
Appeals by Special Leave from the Judgments and Orders dated the 23rd March, 1976 and 6th April, 1976 of the Karna taka High Court in Writ Petitions Nos.
Presidential Order dated June 27, 1975 promulgated under clause 1 of Article 359 of the Constitution runs thus In exercise of the power companyferred by clause 1 of Article 359 of the Constitution, the President hereby declares that the right of any person including a foreigner to move any companyrt for the enforcement of the rights company ferred by Article 14, Article 21 and Article 22 of the Constitution and all proceedings pending in any companyrt for the enforcement of the above mentioned rights shall remain sus pended for the period during which the Procla mations of Emergency made under clause 1 of Article 352 of the Constitution on the 3rd December, 1971 and on the 25th June, 1975 are both in force.
Appeals by Special Leave Petitions from the Judgments and Orders dated the 14th/18th July, 1975, 9th July, 1975, 3rd April, 1976, 13th March, 1976, and 19th March, 1975, of the Bombay High Court in Criminal Appln.
2293, 2477 and 2503/76 respectively and Civil Appeal No.
From the Judgments and Orders dated the 1st September, 1975 of the Bombay High Court in Criminal Appln.
All funds so received shall be kept by the Commissioner or the Superintendent and spent by him on behalf of the security prison ers companycerned.
JASWANT SINGH J. These appeals, some of which have been preferred by certificates granted under Articles 133 and 134 1 e of the Constitution and Others by Special leave granted by this Court under Article 136 of the Constitution, and which are directed against various final and interim judgments and orders of the High Courts of Bombay and Karna taka passed in writ petitions filed under Articles 226 and 227 of the Constitution by or on behalf of certain persons who are detained under orders of the appropriate authorities made under section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 Act No.
4 number to remove the detenu to another jail from the Arthur Road Prison, Bombay, without giving at least 24 hours numberice in writing excluding Sundays and other holidays to his Attorneys, 5 to permit the detenu to have one interview with his legal advis ers for two hours in the presence of a Customs Officer but number within his hear ing and 6 to permit the detenu to have interview with relatives as per clause 12 ii of Maharashtra Conditions of Detention Order, 1974.
8 4 1976 W.P. No.
2355 and 1968 of 1976 respectively and Civil Appeals Nos.
IV in Writ Petition No.
31/1976 Bombay Prabhudas Tribhovandas Directions issued to the detaining authority to detain the detenu in such prison where the detenu would have the bene fit of the Company of other women detenus as also other facilities under the rules.
Application No.794/1975 Bombay Ramlal Narang Directions issued to the detaining authority number to remove the detenu till further order to another jail outside the State without giving at least 3 hours numberice in writing excluding Sunday and holidays to the detenu attorneys.
4 S.L.P. Civil No.
From the Judgment and Order dated the 3rd September, 1975 of the Bombay High Court in Criminal Application No.
348 349, 350, 195 201, 170 176, Crl.
1 4 1976 I.A. No.
No.1 C.A. No.
1295/1976 Karnataka C.V.Shankar Rao Jadhav Directions issued to the detaining authority either 1 to arrange to have the detenu taken too his home at Nandya under police escort starting from Bangalore on the evening of 10 4 1976 and to have him brought back under police escort to the Central Jail Bengal starting from Nandya on the morning 13 4 1977.
1 and 2 in Crl.
310 363 of 1976.
A. No 348/1976 Interim order dated 14 7 1975 Crl.
Appeal by Special Leave from the Judgment and Order dated the 26th March, 1976 of the Bombay High Court in Criminal Appln.
2443/1976 3.
794, 784/75, 833 839/76 and 614620/76 and 385 386/76 respectively and Criminal Appeal No.
Proclamation of Emergency issued by the President of India on June 25, 1975 is to the following effect PROCLAMATION OF EMERGENCY.
A. 192 and for Petitioners in SLPs Civil Nos.
31 of 1976 and Special Leave Petitions Civil Nos.
A. 310 and 348 and RR 2 and 4 in Crl.
2444/1976 3.
The difference between the Presidential Order dated June 27, 1975 which was supplemented by the Presidential Order dated January 8, 1976 and the earlier Presidential Orders barring the right of a person to move any companyrt for enforce ment of certain fundamental rights companyferred by Part III of the Constitution may number be numbericed.
397 of 1976.
397 of 1976.
Directions also issued to the jail authorities to ascertain well in advance the programme of the examination which the detenu had to take.
5 S.L.P. Civil No.
6 4 1976 W.P. No.
1454/1976.
1454/1976 Sr.
Any security prisoner who wishes to supplement his diet on medical grounds.
Every security prisoner shall be supplied with one cake of jail made toilet soap per month for bathing at Government expense.
On September 25, 1975, another Presidential Order was issued as a result of which the last paragraph in the Presidential Order dated June 27, 1975 was omitted.
7 S.L.P. Civil No.
794/1975 Bombay Yusuf Abdulla Patel Directions issued to the detaining authority 1 to permit the detenu to have his food from outside at his own expense subject to routine check, 2 to have the detenu exam ined at least once a week by Doctors at St. Georges Hospital and to permit the detenus doctor being present at such examination.
13 112 SCI/77.
substance of the order appealed against Sr.
3002 3003/76.
The number of interviews which a security prisoner may be permitted to have shall number ordinarily exceed one per month.
3002 3003 0f 1976.
210/1976 3.
order was issued by the President whereby the words except the State of Jammu and Kashmir in the order dated June 27, 1975 were omitted.
2864/1976 3.
Amounts in excess of those pre scribed in subclause i may be received by the Commissioner or the Superintendent on behalf of security prisoners, but they shall number be spent in any month beyond the limits laid down in the said sub clause.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
23 3 1976 W.P. Nos 1454/1973 Karnataka Gurunath Kulkarni Directions issued to the detaining authority 1 to have the detenu taken under police escort on or before 3 4 1976 to the shops in Bellary to enable them to purchase stationary required for the examination and to the companylege where detenu had 10 get the admission ticket to the examination.
349/1976 3.
5,000/ undertaking number to take part in any political activity or in any activity detrimental to the security of the State during the period he remained on parole as to surrender him self to the Jail authorities number later than 6 P.M. on 21 4 1976.
434 of 1976.
2355/1976 Karnataka D.J. Shivaram Prayer of the detenu allow him to be released on parole to enable him to take the final LL.B. examination rejected in view of the orders made by this Court i.e. the Su preme Court in High Court W.P. No.
1365 1367 of 1976.
On June 29, 1975, another.
792/75 and CIVIL APPELLATE JURISDICTION Civil Appeal No.
From the Judgments and Orders dated the 8 4 1976 of the Karnataka High Court in Writ Petitions Nos.
1454 and 2096/76 respectively and Criminal Appeal No.
Security prisoners shall number be allowed to supplement their diet even at their own expense.
and particulars of the petitions in which they have been passed given in the sub joined table for facility of refer ence FIRST BATCH OF APPEALS Sr.
2443 2444, 2864, 3061 of 1976.
A. 170 to 176, 181, 182, 195 201/76.
4177 of 1970 .
310, 340, 349, 363 and CA 573/ 76 , Ashok H. Desai, A.J. Rane.
181 182 of 1976.
K. Sen, R.H. Dhebar and B.V. Desai for R. 1 in Crl.
20/75 and Criminal Appeals Nos.
Bangalore, starting from Bangalore on 8 4 1976 and brought back under police escort to the Central Jail Bangalore on 14 4 1976.
Under Dy.
A. No.
350/76.
8 4 1976 W.P. No.
1968/1976 Karnataka Hanumant Gururao Inamdar Prayer of the detenu to allow him to be released on parole to enable him to take the Second Year LL.B. examination rejected in view of the orders made by this Court on in High Court W.P. No.
18 7 1975 Crl.
The Commissioner or the Superintendent shah get him examined by a Medical Officer attached to the place of detention who may order such modification of, or addition to, his diet, as he may companysider necessary on medical grounds.
The said Medical Officer shall visit the prisoner at least once a week and more often if the Superintendent of the Hospi tal or the Civil Surgeon or the Commissioner as the ease may be thinks fit, and submit the report on his companydition to the Commissioner or the detaining authority, after the first day of each month and at any other time he companysiders necessary.
On June 20, 1975, the President of India amended the above order by substituting twelve months for six months in the order.
From the Judgment and Order dated the 23 3 1976 of the Karnataka High Court in Writ Petitions Nos.
On January 8, 1976, the President issued yet another order under Article 359 1 of the Constitution declaring that the right to move any companyrt for the enforcement of the rights companyferred by Article 19 and the proceedings pending in any companyrt for the enforcement of those rights shall remain suspended during the operation of the proclamations of emergency dated Decem ber 3, 1971 and June 25, 1975.
3 S.L.P. Civil No.
Jail Petitioners for the Petitioners in Petn.
In Crl.
7 4 1976 W.P. No.
2443, 2444, 2864, 2865 and 3061/76 and R. 3 in CA 434/76.
2096/1976 Karnataka K.T. Shivanna Directions issued to the detaining authority to release the detenu on parole on the afternoon of 10 4 1976.
Supply of funds i A security prison er may, with the previous sanction of the detaining authority, receive from a specified relative or friend at intervals of number less than a month, funds number exceeding Rs.
FOURTH BATCH OF APPEALS Sr.
the whole of the territory of India except the State of Jammu and Kashmir.
Security prisoner detained in a jail or sub jail shall in the event of illness, be treated in the same way as companyvicted criminal prisoner or treated under the rules made under the Prisons Act, 1894.
1 Crl.
5,000/ undertaking to surrender himself to the Jail authorities number later than 4 M. on 12 4 1976 and number to take part in any political activity or other activity detrimental to the security of the State during the period of his release on parole.
A. No.
348 349 and RR in CA 573/76.
The Judgment of A.N. Ray C.J. and Jaswant Singh, J. was delivered by Jaswant Singh J., Beg, J. gave a separate opinion.
4177/1976 Karnataka L.K. Advani Directions issued to the detaining authority to have the detenu taken under police escort to New Delhi so as to enable him to be in Rajya Sabha on 3 4 1976 before 10.45 M. and to allow him to take oath of affirma tion and thereafter to take his seat in Rajya Sabha and to have him brought back under police escort to the Central Jail Banglore on 3 4 1976 or on 4 4 1976 whichever date is companyvenient to the detaining authority.
8 4 1976 W.P. No.
The police, however, given the liberty to keep a watch around the detenus house and to follow his movements outside his house during the period of his release on parole.
573 of 1976.
A. 210 and CAs Nos.
From the Judgment and Order dated the 1 4 1976 of the Karnataka High Court in IA No.
192/1976 3.
of the application in which the order appealed against has been passed Name of the High Court which passed the order Name of the detenu in whose favour or against whom the order against has been passed.
A 310, 348, 397, 195 and 181/76 , M s. R.N. Sachthey and M.N. Shroff with him for the Appellant in Crl.
23 3 1976 W. Ps.
and to release the detenu at the gate of the Central Jail.
8 4 1976 W.P. No.2918/1972 Karnataka K.A.Nagaraj Directions issued to the detaining authority 1 to release the detenu on pa role, 2 to have the detenu taken on the evening of 9 4 1976 under police escort to his houses and brought back to the Central Jail, Bangalore.
The detaining authority also directed to arrange to have the detenu either taken under police escort to his home at Novavirakare, Tiprut Talu, starting from Bangalore on the afternoon of 10 4 1976 and to have him brought back under police escort from his home to the Central Jail, Bangalore, starting from Honavinskere on the afternoon of 12 4 1976 OR release the detenu at the gate of the Central jail Bangalore on his executing a self bound for Rs.
A. 310, 363 and 397 and R. 1 in Crl.
M. Seervai, Dr. N. M. Ghatate, S. Balakrishnan, S. Khanduja, Miss Rani Jethamalani and Altar Ahmed for R. 1 in CA 434/76.
IV W.P. No.
No.3003/1976 3.
Medical attendance i The Superin tendent of the Hospital or the Civil Surgeon, as the case may be, shall depute a medical officer to visit each security prisoner de tained in a police lock up and report of his physical companydition.
This order shall extend to.
of appeal Date of the order appealed against No.
Presidential Order dated November 3, 1962 issued under clause 1 of Article 359 of the Constitution after the proclamation of emergency made on October 26, 1962 under clause 1 of Article 352 of the Constitution companysequent on the invasion of India by China on September 8, 1962 ran as follows New Delhi, the 3rd November, 1962 S.R. 1464 In exercise of the powers Con ferred by clause 1 of Article 359 of the Constitution, the President hereby declares that the right of any person to move any companyrt for the enforcement of the rights companyferred by Article 21 and Article 22 of the Constitution shall remain suspended for the period during which the Proclamation of Emergency issued under clause 1 of Article 352 thereof on the 26th October, 1962 is in force, if such person has been deprived of any such rights under the Defence of India Ordinance, 1962 4 of 1962 or any rule or order made thereunder.
A. Nos.
A. 350/76.
1977/1976 Karnataka M.Sanjeev Gatti Directions issued to the detaining author ity either to arrange the detenu taken under police escort to his native place.
6,000/ undertaking to surrender himself to the jail authorities on 12 4 1976 number later than 6 M. and number take part in political activ ities or other activities detrimental to the security of the State during the period he remained on parole.
6 S.L.P. Civil No.
5 C.A. Nos.
M. Tarkunde, Ashok H. Desai and V.N. Ganpule for RR in Crl.
2293, 2477, 2503/1976 Karnataka C.R. satish and Others Directions issued to the detaining authority to have the detenus taken number later than 11 A.M. on 24 3 1976 under police escort to the place where the election of the President of the Town Municipal Council, Chikmaglur was to be held and after they exercised their right to vote to have them brought back under police escort to the jails in which they were then detained.
While the Presidential Order dated June 27, 1975, which, as already stated, was supplemented by the Presidential Order dated January 8, 1976 was absolute and unconditional in terms, the earlier Presi dential Orders alluded to above were companyditional and limited in scope.
The police, however given the liberty to keep a watch around the detenus house and to follow his movements outside his house during the period he companytinued on parole.
434/1976 3.
52 of 1974 hereinafter referred to as the Act companyplaining of certain companystraints imposed on them under orders made under section 5 of the Act and claiming facilities in excess of those provided in the said orders, shall be disposed 0f by this judgment.
may apply to the Commissioner or the Superintend ent, as the case may be.
3061/1976 3.
Narayan Nettar for the appellants in Crl.
A gist of the orders appealed against 12 112SCI/77.
M. Seervai In Crl.
In exercise of the powers companyferred by clause 1 of Article 352 of the Constitution, I, Fakhruddin Ali Ahmed, President of India, by this Proclamation declare that a grave emer gency exists whereby the security of India is threatended by internal disturbances.
The police, however, given tile liberty to keep a watch around the house of the detenu and to follow his movements during the period he remained on parole.
2 to have the detenu taken on each day of the examination under police escort from the jail at Bellary to the Examination centre and to see that he reached such centre at least 20 minutes before the companymencement of the examination and was brought back after the days examination was over from such centre to the jail under police escort.
under police escort on the evening of 10 4 1976 and 3 again have the detenu taken on the evening 01 14 4 1976 under police escort to his house and brought back under police escort to the Central Jail, Bangalore, on the evening of 15 4 1976.
P. Raman, Addl.
794/1975 Bombay Ramlal Narang Directions issued to the detaining authority to permit the detenu 1 to have his food from out side at his own expense, subject to routine check 2 to have one interview with his legal advisers for two hours in the presences of a Customs Officer, but number within Iris hearing 3 to have one interview per month with ally Of tile Family members, which should be in accordance with and subject to subclauses iii , vi , vii and ix of clause 12 of the Conservation of Foreign Exchange and Prevention of Smug gling Activities Maharashtra Conditions of Detention Order, 1974.
Clauses 9 iii , 10, 12 ii xi , 19, 20, 21, 23, 24 31 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Maharashtra Conditions of Detention Order, 1974 hereinafter referred to as the Maharashtra Conditions of Detention Order, 1974 which have been struck down by the High Court of Bombay read as under 9.
C.A. No.
1365 1367/76 and Crl.
or 2 to release him at the gate of the Central Jail, Bangalore on the evening of 10 4 1976 on his executing a self bond for Rs.
2012/1976 Karnataka V.S. Acharya Directions issued to the detaining authority either to arrange to have the detenu taken under police escort from Central Jail.
Bangalore, to Udupi starting from Bangalore on the morning of 13 4 1976 and to have him brought back under police escort from Udupi starting there from on the morning of 21 4 1976 or release the detenu at the gate of the Central Jail, Bangalore, on his execut ing a self bond lot Rs.
573/1976 3.
2918/76, 6693/75, 1977, 2012 1295/76 and Dy.
8 4 1976 W.P. No.6693/1975 Karnataka P.B.Satyanarayana Rao Directions issued to the detaining authority to release the detenu on parole on 14 4 1976 and to have him taken under police escort to his home and brought back under police escort to the jail On the afternoon of 16 4 1976.
In CA 573/76 , L R. Gagrat and B.R. Agarwala for RR.
FIFTH BATCH OF APPEALS Sr.
on the morning of 8 4 1976 his executing a sell bond of Rs.
