UNION OF INDIA Vs. INDERJIT BARUA

JUDGEMENT

(1.) Special Leave Petition 4785 of 1980 ii filed by the Union of India against the Judgment of the Gauhati High court in C. R. No. 182 of 1980 dated 18/04/1980. Transfer Petition 21 of 1980 is by the State of Assam under Article 139-A (2) of the Constitution of India for transfer of 26 criminal miscellaneous cases pending before the Gauhati High court by 26 respondents for issue of a writ of habeas corpus for their release from detention. Transfer Petition 34 of 1980 under Article 139-A (2) is by the union of India for transfer of 4 Writ Petition i. e. Civil Rule 203 of 1980, civil Rule 182 of 1980, Civil Rule 192 of 1980 and Writ Appeal 9 of 1980 from the file of the Gauhati High court to some other High court. Connected with these matters are applications C. M. P. No. 1782 and C. M. P. No. 6976 of 1980 for stay of proceedings on the file of the High court and petitions by the respondents for vacation of interim stay granted by this court.

(2.) The Special Leave Petition 4785 of 1980 and two Transfer Petitions 21 and 34 of 1980 arise out of the agitation that is carried on in assam regarding the foreigners issue and may be dealt with by a common order.

(3.) Due to the disturbed conditions in Assam the President issued a proclamation dated 12/12/1979 in exercise of his powers under article 356 of the Constitution of India declaring that he was satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of the Constitution of India. The President issued Notification GSR-688 (E) dated 12/12/1979. In pursuance of the said proclamation on the same date, he issued GSR-689 (E) directing that all the functions of the government of Assam and all the powers vested in or enforceable by the government of the said State be exercisable by the governor of the State of Assam subject to powers of superintendence, direction and control by the President. Pursuant to the Presidential proclamation, the governor of Assam promulgated the assam Preventive Detention Ordinance (Ordinance 111 of 1980) which provided for detention of persons in certain cases and matters connected therewith. The validity of the Presidential Notifications GSR-688 (E) and gsr-689 (E} and the Assam Preventive Detention Ordinance, 1980 is challenged by Jatin Goswami in Civil Rule 203 of 1980.