T N MATHUR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This petition alleges and indeed the counter-affidavit substantially confirms these allegations a very unsatisfactory state in the matter of housing of persons arrested and detained under Section 279 of the U. P. Zamindari Abolition and Land Reforms Act, 1950 for defaults in the repayment of loans to government. It would appear that loans borrowed from the State or its agencies are recoverable as if they were arrears of land revenue, and one of the modes of such coercive recovery is the arrest and detention of such defaulters.

(2.) This case also raises certain issues as to the antecedent conditions to be satisfied before the power of arrest and detention could be invoked and exercised under Section 279. On the analogous provisions of Section 51 read with Rule 37 of Order 21 of the Code of Civil Procedure, this court has laid down the conditions for the exercise of such a drastic power.

(3.) The petition raises the immediate problems of the conditions of the lock-up at a place called Unnao in the State of Uttar Pradesh. It is alleged that the lock-up is wholly unhygienic, insanitary and unfit for human habitation. We have a report of the District Magistrate, which confirms that the lock-up is of the size of 11.5x8 feet, and that a small latrine of 6" x 11" attached to it is separated only by a dwarf wall. There are no other basic facilities such as platform for sleeping, chairs or fan etc. The petitioner, who has brought this public interest litigation, states that at times 30 to 35 persons are huddled into this cell. This is disputed. But it is virtually undisputed that on occasions 7 persons were housed in it. The minimal civilised conditions required to be maintained for such detentions are not satisfied as the facts disclosed indicate that the extant conditions are wholly unsatisfactory.