N V BHASKARA RAO Vs. STATE

JUDGEMENT

(1.) In these petitions filed by each of the three petitioners who have been detained under the Defence of India Rules, the office has raised several objections, which I shall deal with seriatim, viz., (1) & (2) that under rule 35 of the Appellate Side Rules, proceedings or communication received by post or telegram shall not be accepted, and that under rule 1 of the Rules framed to regulate proceedings under Article 226 of the Constitution read with rule 34 of the Appellate Side Rules, all petitions shall be filed in person in the office of the Registrar, by the petitioner or his duly authorised advocate or attorney. It is obvious that rule 35 has to be waived because though generally it can be complied with by persons who are not in detention; in so far as those persons who are in detention, they cannot present petitions personally unless they first make a request to the Court to which they wish to present applications or petitions to have them brought before the Court, and then present them personally. The alternative is only to send them by post or present them through the Superintendent of Jail for being forwarded to the Court.

(2.) Mr. Advocate-General states that there are instructions to the Jail authorities that on the applications being presented to the Superintendent of Jail for being presented to the Court, the Superintendent of Jail must transmit them to the Court. These instructions are .complied with, and in any case, I find that it will not be expedient in the present circumstances to insist the detenues to be brought here merely to present the petitions. The rule will have to be suitably amended for allowing for the exception in the case of detenues. The compliance with it is waived accordingly.

(3.) In so far as the second objection is concerned, when the Rules do not provide for authorising for either any advocate or attorney, for the same reasons, that objection also is waived. (3) Under rule 52 of the Appellate Side rules when a petition is presented by a party it shall be signed or marked by him, and such signature or mark shall be acknowledged before the Officer and persons mentioned therein who shall certify in the form set forth in the said rule. The form set forth in the rule is as follows :- "The contents of this petition Were explained by me, and the signature or mark (Signatures or marks) made (or acknowledged) before me on the day of 196 ." Rule 52 omits any such certification in the case where the petition is presented by an advocate. The Superintendent of Jail has merely attested it without the necessary certification.