B S RAGHAVAN Vs. JAGDEV KUMAR GUPTA

JUDGEMENT

(1.) -

(2.) SHRI Daijit Singh, Advocate, who was appointed amicus curiae to assist the Court has not been able to point out any rule under which the petitioner may have a right to claim for being classified as a better class detenu. On his own showing the petitioner was a Lower Division Clerk in the Army Headquarters and is an under graduate. I do not think, he is entitled to any special treatment except that provided for the class of detenus to which the petitioner belongs, by the Delhi Detenu Rules. 1964 framed under rule 30 (4) of the Defence of India Rules. In a similar matter it was held by Khanna, J. on 14th of January, 1966 in Cr. Misc. No. 675-D of 1965 Chander Perkash Gupta v. The Secretary to the Government of India Ministry of Home Affairs, New Delhi, that there is no provision of law which makes it imperative for the Government to give any special treatment by way of allowances for maintenance of the family of the detenus. A prayer to that effect in the said petition was, therefore, rejected. In the absence of any specific rules entitling the petitioner to any special class treatment as a detenu I do not find any force in this application of the petitioner and have accordingly no hesitation in dis' missing the same."