...detained he loses his freedom; he is no longer a free man and, therefore, he can exercise only such privileges as are conferred on him by the order of detention. The Bombay Conditions of Detention Order, 1951, which...the Bombay Conditions of Detention Order, 1951. The Bombay Conditions of Detention Order, 1951, does not contain any condition as regards the writing of books by a detenu or sending them out of jail...Bombay Conditions of Detention Order, 1951, which lays down the conditions regulating the restrictions on the liberty of a detenu, conferred only certain privileges on the detenu. If this argument...

...cases is that they are governed by the Bombay Conditions of Detention Order, 1951, which has been made applicable in the case of detenus detained under the defence of india rules, by an order under...the punishment of offences and breaches of discipline, governing persons ordered to be detained in any place in the State of Maharashtra, shall be the same as those contained in the Bombay Conditions of Detention Order, 1951. It...provisions of cl. 16 of the said Bombay Conditions of Detention Order, 1951. The grievance of the petitioners is that under the said provision a detenu is entitled to receive books subject only to...

...the purpose of the Bombay Conditions of Detention Order, 1951, be treated as a Class II prisoner. The grounds of detention were served on the same day. The substance of the grounds is that since his...Sinha, C.J— This appeal is directed against the judgment and order dated July 11, 1961, of a Division Bench of the Bombay High Court (Nagpur Bench), dismissing the appellant's...later. We now proceed to set out our reasons for the order passed on that day.2. It appears that an order of detention, under Section 3(l)(a)(ii)of the Preventive Detention...

...Court by the State Government it was held that though the conditions of detention under Rule 30(4) of the Defence of India Rules, 1962 were the same as under the Bombay Conditions of Detention Order, 1951 which...laid down conditions regulating the restrictions on the liberty of a detenu, it could not be said that the Order of 1951 conferred only certain privileges on the detenu. The Court observed....5. Section 3(1) of the Prisons Act 9 of 1894, defines “prison” to mean any jail or place used permanently or temporarily for the detention of prisoners, including “all lands and...

....3. The conditions under which the petitioner was detained were those provided by the Bombay Conditions of Detention Order, 1951. This Order had been issued by the Government of Bombay under...defence of india rules shall be the same as those contained in the Bombay Conditions of Detention Order, 1951. The grievance of the petitioner centres on cl. 16 of the Bombay Conditions of Detention Order, 1951, which...“Margdeep” were periodicals which could be classed as newspapers, and that the Government had decided under sub-cl. (i) of cl. 16 of the Bombay Conditions of Detention Order, 1951, that the petitioner...

...-Pakistan conflict.2. The conditions under which the petitioner was detained were those provided by the Bombay Conditions of Detention Order, 1951 This order had been issued by the Government...Maharashtra under the Defence of India Rules, shall be the same as those contained in the Bombay Conditions of Detention Order 1951. The grievance of the petitioner centres on Cl.... 16 of the Bombay Conditions of Detention Order, 1951, which relates to books and newspapers which can be received by security prisoners. Clause 16 runs as follows:“16. (i) Class I...

...should be detained in the District. Prison, Thana, and that for the purpose of the Bombay Conditions of Detention Order, 1951, be treated as a Class II prisoner. The grounds of detention were served 011...1. This appeal is directed against the judgment and order dated July 11, 1961, of a Division Bench of the Bombay High Court (Nagpur Bench), dismissing the appellant's application, under.... We now proceed to set out our reasons for the order passed on that day. It appears that an Order of Detention, under Section 3(1)(a)(ii) of the Preventive Detention...

...signature and seal.He also directed that the appellant should be detained in the District Prison, Thana, and that for the purpose of the Bombay Conditions of Detention Order, 1951, be...JUDGMENTSinha, C.J — This appeal is directed against the judgment and order dated 11-7-1961, of a Division Bench of the Bombay High Court (Nagpur Bench), dismissing the...proceed to set out reasons for the order passed on that day.It appears that an Order of Detention, under s. 3 (1) (a) (ii) of the Preventive Detention Act (IV of 1950...

...the liberty of a detenu laid down in the Bombay Conditions of Detention Order, 1951 must be strictly construed and all basic necessities of life made available to inmates, including sending out.... We find it difficult to accept the argument that the Bombay Conditions of Detention Order, 1951, which lays down the conditions regulating the restrictions on the liberty of a detenu, conferred only...Conditions of Detention Order, 1951, prohibiting a detenu from writing a book or sending it for publication, the State of Maharashtra infringed the personal liberty of the first respondent in derogation...

...detenus, who were detained under rule 30 of the defence of india rules. By a notified order, they were governed by the bombay conditions of detention order, 1951. The superintendent of jail, in which...they were lodged, passed an order restricting the number of books which the petitioners could possess at a time. Clause 16 of the bombay conditions of detention order mentioned as follows...distinct items. Clause 16 of the bombay conditions of detention order did not contain any provision enabling the superintendent to restrict the number of books which a detenu may have, nor did any...

...breaches of discipline as have been provided for in relation to security prisoners under the Bombay Conditions of Detention Order, 1951 [referred to in the Government of Maharashtra, Home Department...end very soon and may terminate in his acquittal. In such a case, it would be open to the appropriate authority to make an order of detention, if the requisite conditions of the Rule or the section...the meantime, while the applications were pending before the High Court and were to come up for hearing on March 22, 1965, the Central Government passed order of detention against, all the applicants...

..., because the relevant Rule gave the detenu no such rights, nor did it impose on the authorities any corresponding obligation. The Supreme Court observed that the Bombay conditions of Detention Order 1951, are...ambit of the power of this court to interfere with an order of detention made under Section 3(1) and Section 3(2)(15)(i) of the Defence of India Act, read with Rule 30(1)(b) and...cannot be precluded from substantiating his plea on the ground of the bar created by Article 359(1) and the Presidential Order. There is yet another ground on which the validity of the detention may...

...no such rights, nor did it impose on the authorities any corresponding obligation. The Supreme Court observed that the Bombay conditions of Detention Order 1951, are not privilege conferred on the...ambit of the power of this court to interfere with an order of detention made under s. 3(1) and section 3(2)(15)(i) of the defence of india act, read with...the Presidential Order. Take also a case where the detenu moves the court for a writ of Habeas Corpus on the ground that his detention had been ordered mala fide. It is hardly necessary to emphasise...

...obligation. The Supreme Court observed that the Bombay conditions of Detention Order 1951, are not privilege conferred on the detenu, but the terms of the restrictions on his liberty. Hence, since...order made thereunder. 4. It is not disputed that the ambit of the power of this Court to interfere with an order of detention made under Section 3(1) and Section 3...detenu to move for his release on such a ground cannot be affected by the Presidential Order. Take also a case where the detenu moves the court for a writ of Habeas Corpus on the ground that his detention...

...difficult to accept the argument that the Bombay Conditions of Detention Order, 1951, which lays down the contitions regulating the restrictions on the liberty of a detenu, conferred only certained...after the enforcement of the right of personal liberty, guaranteed under Article 21, has been suspended by the Presidential Order, the executive action esulting in the detention of persons, even if...argued by he learned Additional Advocate General that the Presidential Order imposed a blanket ban in respect of all challenges to the validity of the orders of detention, on what ever grounds, as in...

..., on the ground that there was no condition at all in the Bombay Conditions of Detention order, 1951, authorising the Government of Maharashtra to prohibit the publication of a book of purely scientific...conditions laid down under section 3 of the Act are not complied with by the detaining authority then the order of detention would be ultra vires the said Act. 54...preventive detention, namely, the MISA, every order of detention passed by the Executive must confconfirm to the conditions prescribed by that law. 3. Article 359(1) may...

...observed that the Bombay Conditions of the Detention Order, 1951, are not privilege conferred on the detenu, but the terms of the restriction on his liberty. Hence, since there was no term prohibiting.... 4. It is not disputed that the ambit of the power of this Court to interfere with an order of detention made under Section 3(1) and Section 3(2)(15)(i) of the Defence of India..., or excessive delegation. What is now argued is that the detention of such persons in jail, subject to the terms and conditions imposed by the State Government contravenes the law, as...