NIRAKAR BARIK Vs. SUPERINTENDENT SAMBALPUR JAIL

JUDGEMENT

(1.) THIS revision petition is against, the appellate judgment of the Sessions Judge of Sambalpur maintaining the conviction of the petitioners for contravention of Clauses 37(9) and 39(2) of the Grissa Security Prisoners (Conditions of Detention) Order, 1950. and the sentence of fine of Rs. 100/ - each passed by the Subdivi -sional Magistrate of Sambalpur.

(2.) THE undisputed facts are that the petitioners at all material times were under detention in Sambalpur Jail having been detained under the provisions of the Preventive Detention Act, 1950 (Act 4 of 1950). They submitted some representations to the Government for redress of certain alkged grievances of theirs on 2 -7 -50 and when these grievances were not redressed they started hunger -strike on 4 -7 -50 and continued to be on such hunger -strike till 7 -8 -50. The Superintendent of Jail then stopped their interviews and subsequently filed a complaint before the Sub -divisional Magistrate of Sambalpur for their prosecution for contravention of Clause 39(2) of the said Order as he thought that he could not adequately punish them for the offence.