LAWS(P&H)-1984-6-1

SUKHJINDER SINGH Vs. STATE OF PUNJAB

Decided On June 21, 1984
SUKHJINDER SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THE petitioner is detained under section 3 (1) read with section 3 (3) of the National Security Act under the orders of the District Magistrate, Kapurthala, and is lodged in the District Jail of that place. The petitioner has filed the petition under Article 226 of the Constitution of India stating that Shri Surjit Singh Sood, Advocate, Jullundur is his legal adviser in many cases. which are pending at Jullundur and this lawyer has been defending him in many cases pending in different courts, including the High Court. Shri Surjit Singh Sood, Advocate, made an application to the Superintendent Jail, Kapurthala, for allowing an interview with the petitioner within the sight but not within the hearing of the police officials. The application was rejected by the Superintendent Jail, Kapurthala, on the ground that such permission should be sought from the Governor. The petitioner has also challenged rule 14 of the Punjab Detenus (Conditions of Detention) Order, 1981, hereinafter referred as the Rules, being ultra-vires of Article 21 of the Constitution of India so far as it prescribes for the relatives and friends of the detenus to seek permission from the Government for an interview with him. The petitioner also made a grievance that he is being supplied with only one newspaper and no book for reading and that the diet money allowed to him is also not commensurate sit rate with his status.

(2.) THE Deputy Secretary to Government, Punjab Home Department on behalf of the respondents filed the return. The detention of the petitioner was admitted. It was stated :-

(3.) VIDE Notification No. S.O. 41/C. A. 65/80/S. 51 Amd. (2)/84, dated 3rd of May. 1994, the diet allowance of the detenus was increased to ten rupees and eight rupees per day according to the respective class. The learned counsel for the petitioner did not address any arguments on the question of diet allowance and newspapers after the filing of the copy of the aforesaid notification and the return.