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...person is 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...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 ...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 for publication. Briefly...
...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...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 ...provisions of cl. 16 of the said Bombay Conditions of Detention Order, 1951. The grievance of the petitioners is that under the said provision...
....”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 ...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...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 Act (4 ...
...this 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 ...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....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 build...
...AIR 1966 SC 424, (1966) 1 SCR 702, (1966) 1 SCJ 679, 1966 Cri LJ 311 where a Constitution Bench repelled the argument that the Bombay Conditions of ...conditions of detention, preventive or punitive. “Procedure established by law” does not end with the pronouncement of sentence; it includes the carrying out of sentence. That is as far as we have gone so...was severed. The learned Judges, while of the view that the Sessions Judge was perfectly in order in imposing the sentence of death, thought that as the offences had been committed more than six...
....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 ...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 ...“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, ...
...-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 be...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 .... 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)...
...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 ...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 ...
...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, ...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 ...
...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, includ.... 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 ...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 responden...
...Bombay Conditions of Detention Act, 1950, be treated as class 2nd prisoner. Assuming that this order was a valid order to make, the order was continued by ...became illegal and continued illegal.On February 22, 1951, the Preventive Detention (Amendment) Act, No. IV of 1951, was passed. On February 28, 1951, the Commissi...amending Act No. IV of 1951 was passed there was a perfectly valid order of detention (of the petitioner) in force, viz. the order passed by the Commissioner of Police, Greater ...
...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 su...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 a...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, no...
...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 Maharash...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...
...Article 359 of the Constitution, on the ground that there was no condition at all in the Bombay Conditions of Detention Order, 1951, authorising the Government of Maharashtra to ..., namely, the MISA, every order of detention passed by the Executive must conform to the conditions prescribed by that law.3. Article 359(1) may remove...examine whether an order of detention is in accordance with the provisions of the Maintenance of Internal Security Act (hereinafter referred to as “the Act”), which constitute the conditions...
...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. Hen...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 Sectio...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...
..., 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 ...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...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...
...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...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...
...by a High Court, under Article 226 of the Constitution" despite the Presidential order under Article 359 of the Constitution, on the ground that there was no condition at all in the Bombay Conditions ...conditions or not. They could adjudicate upon the question whether a detention was "under " the Act or a rule "made thereunder". On the other hand, the Presidential order of 1975 unconditionally suspends the...conditions laid down under section 3 of the Act are fulfilled. Therefore, if the conditions laid down under section 3 of the Act are not complied with by the detaining authority then the order of ...
...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 ter....
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 ..., 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...