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1975 Supreme(Bom) 204

P.S.SHAH, J.R.VIMULDALAL
Bhanudas Krishna Gawde and another – Appellant
Versus
K. G. Paranjpe and others – Respondent


Judgment

J.R. VIMADALAL, J.:---This is a petition filed by a detenu (petitioner No. 2) and his son (petitioner No. 1) against the Detaining Authority as well as the Superintendent of the Thana Central Prison, the State of Maharashtra, and the Union of India for writs under Articles 226 and 227 of the Constitution, (a) quashing and setting aside the Conservation of Foreign Exchange and Prevention of Smuggling Activities (Maharashtra Conditions of Detention) Order, 1974 (hereinafter referred to as "the Conditions of Detention Order"); (b) requiring the respondents to keep the detenu under detention in accordance with the Maintenance of Internal Security (Maharashtra Conditions of Detention) Order, 1971, as applicable to detenus under the MISA, or in accordance with the conditions applicable to under-trial prisoners, or civil prisoners in accordance with the rules contained in the Jail Manual or rules made under the Prisons Act, 1894, and in conformity with that Act; and (c) requiring the respondents not to put the detenu in solitary confinement, to permit the detenu to supplement his diet at his own expense from outside the Jail, to permit the detenu at his own expense an allowance of




























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