NIRMAL CHAND JAIN Vs. DISTRICT MAGISTRATE JABALPUR

JUDGEMENT

(1.) By this petition -under Article 226 of the Constitution, the petitioner Shri Nirmal Chand Jain, who has been detained by an order of the District Magistrate, Jabalpur, dated 26-6-1975 under Section 3 (1) (a) (ii) of the Maintenance of Internal Security Act, 1971, makes a grievance that though he was classified as a Class I detenu, he was being deprived of the facilities to which he was entitled, i.e., the facilities and amenities provided to prisoners placed in Class 'A' under the Jail Manual and, accordingly, seeks appropriate writ or direction against the District Magistrate and Superintendent, Central Jail, Jabalpur.

(2.) The allegations made by the petitioner, briefly are that he along with several doctors, advocates and other prominent citizens of Jabalpur were being detained at the Central Jail, Jabalpur. His allegation is that these detenus though classified as Class 'A' prisoners, were being denied reasonable living comforts and were being kept in a barrack in deplorable condition inasmuch as (i) the place was unhygienic, insanitary and unsafe, being infested with mosquitoes and snakes, and (ii) the authorities do not provide them with beds or mosquito-nets. He states that it is extremely hot inside and it is impossible to sleep or have relaxation, and even if the authorities permitted it sleeping outside would involve risk to life. Though the detenus, the petitioner alleges, made several representations in the matter their grievance have not been redressed,

(3.) These allegations of his have been refuted by the respondents on a counter- affidavit of the Superintendent, Central Jail, Jabalpur. In their return, the respondents state that the barrack in which the detenus are kept is absolutely sanitary and hygienic, spacious, well-ven-tilated and airy, and is cleaned every day. It is also said that gamaxine is spread twice a week, and the authorities have purchased liquid Novan for spraying, in the barrack in order that mosquitoes and flies are considerably eliminated. They go on to say that :--