GOVIND RAM AGARWAL Vs. K K DWIVEDI

JUDGEMENT

(1.) This application has been assigned to this Bench by the learned Acting Chief Justice by his order dt. 3-3-86.

(2.) This is an interlocutory application filed on 15-2-86 of the petitioner, Sri Govind Ram Agarwal, signed by his son Suresh Kumar Agarwal, who has also affirmed the affidavit to the said petition on 15th Feb., 1986. The Habeas Corpus application under Art. 226 of the Constitution, in which the present interlocutory application has been filed, is still pending before another learned Division Bench. The petitioner is a detenu under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Act. No. 52 of 1974), the order of detention being dt. 8th Nov., 1985.

(3.) Mr. Bholanath Sen, learned Counsel for the petitioner, initially submitted that in this application he does not pray for any temporary release on parole of the petitioner. In his submission, since according to the Jail Authority the petitioner has to be operated upon for bleeding piles and the, same cannot be done in the Jail hospital, the petitioner should be allowed to be operated upon at his own expense either at the Woodlands Nursing Home or the Belle Vue Clinic, Calcutta. He further submitted that the petitioner had no confidence in the hospitals in Calcutta, including the Government Hospitals. He drew the attention of the Court to a report appearing in the newspaper "Telegraph" dt. 3rd Dec., 1985 of a Staff Reporter wherein it is alleged that the Water at the SSKM Hospital, Calcutta was "impure".