(1.) THIS is a petition under Article 226 of the Constitution of India for a writ of mandamus directing the respondents to classify the petitioner as a detenu in class 1 in accordance with the Provisions of M. P. Detention Order, 1971.
(2.) THE petitioner has been detained in the Sub Jail, Narsingarh, District Rajgarh as a result of an order dated 27-11-1975 passed by the District Magistrate, shajapur, respondent No. 1, under the Maintenance of Internal Security Act, 1971. There is no dispute that no order is specifically passed regarding the classification of the petitioner as a detenu on account of which he is presumed to have been placed in Class II in accordance with the proviso under Sub-rule (2) of Rule 4 of the M. P. Detention Order, 1971 and that he is being so treated.
(3.) THE petition alleges that the detenu aged about 57 years, is a Law Graduate of 1945 and has been a practising Advocate of this Court with headquarters at shajapur, ever since the year 1947. One son of the detenu is also an Advocate like him while the other is an Engineering Graduate. The detenu claims a high social status having been President of the Municipal Council, Shajapur from 1962 to 1964; Chairman of Shajapur District Land Development Bank from 1963 to 1967; Director and Member of the Executive of M. P. State Land development Bank, Bhopal from 1967 to 1974; Director of District and development Bank, Shajapur and Shajapur Vipnan Sanstha. In addition the detenu has an irrigated farm of 30 bighas with his own tractor and agricultural appliances. The detenu being aged is a victim of failing eye-sight. The detenu is also a Director for the last six years of a concern publishing a daily newspaper from Indore. It is further alleged that the petitioner on being so detained earlier in the month of July, 1975 was classified as a detenu and placed in Class I, while detained in Bherugarh Central Jail. It is further alleged that in accordance with the directions contained in a circular issued by the Inspector General of prisons, the Jailor of Sub Jail, Narsingarh, respondent No. 2, can also treat the detenu in Class I since the circular requires all doctors and lawyers etc, to be so treated. None of these facts stated in the petition have been denied in the return filed on behalf of the respondents.