HIMANSU SEKHAR NANDY Vs. MAGISTRATE

JUDGEMENT

(1.) THIS is an application by a detenu under the Maintenance of Internal Security Act, 1971 (hereinafter referred to as the 'Act') for a direction to the District Magistrate, Balasore and the Secretary, Home Department, Government of Orissa, to provide him with specs at the cost of the State.

(2.) THE petitioner was detained under the Act pursuant to an order of detention passed by opposite party No.1 under Section 3(1)(a)(ii) of the Act dated 4.2.1976 as the detention of the petitioner was necessary for dealing effectively with emergency. This declaration was duly confirmed by the State Government within the period prescribed by law. During the course of this detention the petitioner developed eye trouble and found it very difficult to read and write. The eye trouble became so serious that the Superintendent of Jail with the previous sanction of the District Magistrate removed the petitioner to the District Hospital for affording him special treatment there. After necessary examination and treatment the specialist issued a prescription for constant use of specs. The prescription was produced by the learned counsel for the State for our inspection. Thereafter, the petitioner made a representation to the detaining authority on 3.2.1976 for providing him with specs as prescribed by the eye -specialist, at the earliest possible date on the ground that he had no independent earning. He also sent a reminder subsequently on 15.2.1976 (Annexure 2) in which he has expressly alleged that "it is not possible on my part to afford specs due to horrible pecuniary condition owing to my detention." When his representation went unheeded ha filed the present application in which he has alleged that his eye -sight was gradually worsening and deteriorating due to non -use of specs.

(3.) THE petitioner has specifically asserted in para. 5 of his petition : -