ABDULLA Vs. STATE

JUDGEMENT

(1.) IN all these cases the notification issued by the Government of Kerala No 48789/ssl/home dated 9-10-1974 is under attack. Tho said notification amends the Kerala Security Prisoners Order, 1971 (hereinafter referred to as the Order ). By the same, Clause 4 of the Kerala Security Prisoners Order was substituted, The substituted clause states that: Security Prisoners shall be treated as on class without discrimination irrespective of their education status or mode of living before detention and shall be provided with diet clothing and other privileges as laid down under the Order. But prisoners detained on grounds referred to in Section 3 (1) (a) (iii) or 3 (1) (c) of the Maintenance of Internal Security Act, 1971, shall be treated as 'c Class Prisoners under the Kerala Prison Rules in respect of matters covered by clauses 6, 7, 8, 9, 10, 14 and 19 of the Kerala Security Prisoners Order. Also, in the said notification, after clause 15, the following clauses were inserted as 15 (A) namely, '15a. Interviews of persons detained under Section 3 (1) (a) (hi) or 3 (1) (c) of the Maintenance of Internal Security Act, 1971 Notwithstanding anything contained in clause 15, applications for interviews of Security Prisoners detained on ground referred to hi Section 3 (1) (a) (iii) or 3 (1) (c) of the Maintenance of Internal Security Act, 1971, by relatives, Advocate/ Lawyer or other person shall be made to the Government and Government may allow such application subject to such conditions or restrictions as they think fit to impose. The notification also deletes Clause 29 of the Order.

(2.) THE Government, by Order dated 19th December, 1974, No, 60222/ss1/74/ Horn which was issued in exercise of powers conferred by Section 5 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, (Central Act 52 of 1974), ordered, that the provisions of the Order, 1971, as amended by the notification referred to earlier, as are applicable to persons detained on the ground referred to in Section 3 (1) (a) (iii) of the Maintenance of Internal Security Act, 1971, shall mutatis mutandis apply to any person in respect of whom detention Order has been made under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.

(3.) O. P. No. 239 of 1975 has been Iffier by one K. S, Abdulla, who has been arrested and detained at the Central Prison, Trivandrum by order dated 20th September, 1974 of the State of Kerala and another order passed by the Central Government dated 21st September, 1974, ordering his detention under Section 3 (1) (c) of the Maintenance of Internal Security Act, (M. I. S. A.) 1971 as amended by Ordinance No. 11 ot 1974, on the ground that he smuggled goods to India and abetted others to smuggle goods into India.