ZOII NATH SARMAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this application under Art. 226 of the Constitution of India the petitioners have challenged the circulars dated 19-2-1991 and 26-3-91 issued by the Inspector General of Prisons Assam.

(2.) The facts of the case may briefly be stated. The petitioner-1 Shri Zoii Nath Sarmah is an Advocate of this Court and is one of the political leaders in Assam. He was also a Minister. He along with the petitioners Shri Imran Shah, who is also a politician, went to the District Jail at Mangaldoi on 19-3-91 to meet his clients who were under trial prisoners. The petitioner-1 Shri Zoii Nath Sarmah made an application on 19-3-91 to the Superintendent of District Jail Mangaldoi for allowing him in his capacity as an advocate to interview his clients named in his application. But the Superintendent refused him permission in view of a circular issued by the Inspector General of Prisons Assam on 19-2-91. The circular runs as follows:

(3.) The circulrs relate to a class of prisoners detained under the Terrorist and Disruptive Activities (Prevention) Act, 1987 or such other Act. Such prisoners have been designated as the "Extremist Prisoners." Under the circular political leaders who desire to meet the "Extremist Prisoners" must obtain permission from a competent Court and an officer from District Special Branch should be present at the time of meeting. Under the subsequent circular, an advocate who happens to be a political leader has been allowed to meet with "the Extremist Prisoners" in the capacity as an advocate, not as a political leader.