VEMOORI SUBBA RAO Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner Vemoori Subba Rao, is a detenu in the Central Jail, Visakhapamam, being detained under Rule 30 (1) (b) of the Defence of India Rule. He has filed this petition with a prayer as follows:-

(2.) It is beyond doubt or dispute that there is an Order of Government under 'which he is subject to jail rules contained in G.O.Ms. No. 1190 dated 28th October 1964, except rule 26 and rule 29. In his affidavit he has contended as follows :

(3.) The sole respondent to this petition is the Government of Andhra Pradesh and it filed a counter-affidavit sworn to by an Assistant Secretary to the Government Subsequently, an affidavit was also filed by the Superintendant of Central Jali, Visakhapatnam. We shall refer to the respective allegations in the affidavit and the counter affidavit when dealing with the contentions. Legal advice .-The contention of the petitioner in para. 1 of the affidavit has already been extracted earlier in this order. In the counter-affidavit by the Assistant Secretary, it is stated as follows: -