Decided on February 22,1985

Numal Ch. Barua Appellant
STATE OF ASSAM And ORS. Respondents


K.N. Saikia, J. - (1.)THE Petitioner who is a detenu under the National Security Act, 1980, for short, the Act, prays that a direction issued to the State Government of Assam to pay him a family allowance of Rs. 500/- p.m. during the period of his detention. He states that he was the only earning member of his family comprising his old mother, young sister and himself with no other male member. According to him his income out of his agricultural source and petty trading varied from Rs. 800/- to Rs. 1000/- and that he already sent a petition to the Govt. of Assam stating the above points.
(2.)HEARD the learned Additional Senior Govt. Advocate, Assam, who has shown as a letter dated 19th February, 85 stating that the petition dated 4.12.84 from the detenu for granting of family maintenance allowance was duly considered by the State Government and after careful consideration the detenu was granted a family allowance of Rs. 100/- p.m. vide Govt. sanctioning letter No. PLA. 711/83/102 dt. 12.2.85 with effect from his date of detention i.e. 21.1.84. As the amount appeared to be rather meagre to us, we asked the learned Additional Senior Govt. Advocate, Assam, the basis on which the amount has been computed. We were shown another letter dated 21st Feb. 85 addressed to the learned Additional Senior Govt. Advocate, Assam, by the Commissioner and Secretary to the Govt. of Assam, Political Department, wherein it is stated that family maintenance allowance is being granted under Clause 9 of the Assam Detention Order 1980 which provides that the family of a detenu may receive an allowance from the State Government in such cases and on such a scale as the State Government may deem fit. It is further stated in the letter that Government while granting family maintenance allowance takes into consideration reports of the detaining authority and other authorities with regard to financial condition, source of income, number of family members of the detenu and whether the detenu is married or unmarried etc. along with other views for grant of family maintenance allowance and such other relevant papers and on merit of each case, grant of quantum of family maintenance allowance is considered in deserving cases and that Govt. takes into consideration all relevant information as mentioned above.
Rule 9 of the Assam Detention Order 1980 deals wife Family allowance. The family of a detenu may receive an allowance from the State Government. As it appears from the rule, the allowance which is fixed should be meant for allowance to the family of the detenu. In these days of soaring prices to our mind, Rs. 100/ - p.m. to a family of two members can hardly be said to be adequate considering the purpose of the rule. Under the above circumstances we feel that there is reasonable ground for the State Government to re -consider the materials as regards the quantum of family maintenance allowance paid to the Petitioner and to suitably raise the amount so as to be adequate for the purpose of maintenance of the detenu's family which is also the purpose of Rule 9. We make it clean that the detenu in the meantime shall continue to be paid the allowance at the rate that has already been fixed and the arrears if any, consequent upon the enhancement shall be paid to him irrespective of his continuing in detention or his detention having come to an end.

(3.)WITH the above direction the petition in disposed of.
Let a copy of this order be furnished to the learned Additional Senior Govt. Advocate, Assam. The detenu shall also be furnished with a copy of this order so that he can make further representation, if so advised.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.