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1991 Supreme(Gau) 86

R.K.MANISANA SINGH, M.SHARMA
Zoii Nath Sarmah – Appellant
Versus
State of Assam and Ors. – Respondent


Advocates Appeared:
M.Das, R.Chakraborty, M.A.Laskar, Z.N.Sharma, S.N.Medhi

R.K. Manisana, J. —

In this application under Article 226 of the Constitution of India the petitioners have challenged the circulars dated 19.2.91 and 26.3.91 issued by the Inspector General of Prisons, Assam.

2. The facts of the case may briefly be stated. The petitioner No. 1 Shri Zoii Nalh 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 petitioner No. 2 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:

"It has been reported to me that groups of Politicians have been visiting the Jails to meet the Extremist Prisoners arrested under TADA (P) or such other Act. In this connection, I am to state that Government do not consider this to be a health















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