Niren De, Additional Solicitor General and B. R. G. K. Achar, for the appellant.
Appeal by special leave from the judgment and order, dated June 22, 1965 of the Bombay High Court in Criminal Applica tion No.
In September, 1964, the detenu applied to the Government of Maharashtra seeking permission to send the manuscript out of the jail for publication but the Government by its letter, dated March 27, 1965, rejected the request.
The Bombay Conditions of Detention Order, 1951.
The book is, therefore, purely of scientific interest and it cannot possibly cause any prejudice to the defence of India, public safety or maintenance of public order.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
He again applied to the Superintendent, Arthur Road Prison, for permission to send the manuscript out and that too was rejected.
107 of 1965.
which regulates the terms of the first respondents detention, does number companyfer on him any privilege or right to write a book and send it out of the prison for publication.
The manuscript does number purport to be a research work but it purports to be a book written with a view to educate the people and disseminate knowledge regarding quantum theory.
613 of 1965.
Thereafter, he filed a petition under Art.
K. Garg, D. P. Singh, M. K. Ramamurthi and S. C. Agar wala for respondent No.
The Judgment of the Court was delivered by Subba Rao J. Prabbakar Pandurang Sanzgiri, who has been detained by the Government of Maharashtra under S. 30 1 b of the Defence of India Rules, 1962, in the Bombay District Prison in order to prevent him from acting in a manner pre judicial to the defence of India, public safety and maintenance of public order, has written, with the permission of the said Government, a book in Marathi under the title Anucha Antarangaat Inside the Atom .
expressed their opinion on the book thus we are satisfied that the manuscript book deals with the theory of elementary particles in in objective way.
The Government of Maharashtra in the companynter affidavit did number allege that the publication of the said book would be prejudicial to the objects of the Defence of India Act, but averred that the Government was number required by law to permit the detenu to publish books while in detention.
226 of the Constitution in the High Court of Maharashtra at Bombay for directing the State of Maharashtra to permit him to send out the manuscript of the book written by him for its eventual publication.
The State of Maharashtra has preferred the present appeal against the said order of the High Court.
