SHUBHWANT RAI JAIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner 1 has been detained Under Section 3, Sub-section (2) read with Sub-section (3, of the National Security Act, 1980, by an order of the District Magistrate, Lucknow dated 7-5-1981. The order recites that the action has been taken with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies and services essential to the community. Petitioner 2 is his wife and has filed the petition on his behalf.

(2.) The grounds supplied to him are, in substance, as follows: During 1979-80 he was serving as Chief Medical Officer, Azamgarh. While so acting he committed certain acts of criminal misconduct and criminal conspiracy in relation to the purchase of essential life saving drugs. No medicines were purchased for the control of leprosy as was required. Bogus purchases were made and proper medicines were not purchased, with the result that many people who could have been saved died of jaundice between March and July 1980. He also put Government to considerable financial loss as a result of these activities. He purchased medicines from unapproved firms in violation of the various standing orders of the Government. Details of these charges are given in the grounds supplied to the petitioners.

(3.) Apart from denial or explanation of the allegation contained in the said grounds, the main contention advanced In support of the Habeas Corpus petition is that assuming all the grounds supplied to the petitioner to be correct, no case is made out, as a matter of law, for preventive detention. The petitioner has already been suspended for the last one year. In view of the suspension he is not in a position at all to be engaged in any activity involving purchases of medicines for a Govt. hospital.