MOHAN CHOWDHURY K C DULIA ON BEHALT OF RAJ KUMAR VOHRA DETENU Vs. CHIEF COMMISSIONER UNION TERRITORY OF TRIPURA:CHIEF COMMISSIONER UNION TERRITORY OF TRIPURA

JUDGEMENT

(1.) On October 26, 1962, the President having been satisfied that a grave national emergency exists, whereby the security of India or any part of the territory thereof is threatened by the Chinese aggression issued a Proclamation declaring the Emergency, under Art. 352 of the Constitution. That declaration of emergency was laid before both Houses of Parliament on November 8, 1962, and was approved by the Rajya Sabha on November 13, 1962, and by the Lok Sabha on November 14, 1962. After the Proclamation of Emergency as Parliament was not in session and as the president was satisfied that circumstances existed which rendered it necessary for him to take immediate action for exercise of the powers conferred by cl. (1) of Art. 123 of the Constitution, he promulgated the Defence of India Ordinance (IV of 1962) on the same date - October 26, 1962. By S. 3 of the Ordinance, the Central Government has been empowered to make rules as appear to be necessary or expedient for securing the defence of India and civil defence, the public safety, the maintenance of public order or the efficient conduct of military operations or for maintaining supplies and services essential to the life of the community, by notification in the official gazette. In exercise of those powers, the Central Government promulgated the Defence of India Rules, 1962, by notification in the Official Gazette Extraordinary dated November 5, 1962. The relevant portion of R. 30 is as follows:

(2.) In exercise of the power conferred by R. 30 aforesaid of the Defence of India Rules, the Chief Commissioner of Tripura issued an order of detention in respect of the petitioner on November 20, 1962.

(3.) By a subsequent order dated December 3, 1962, of the Chief Commissioner Tripura, the petitioner was transferred from Agartala Central Jail to Hazaribagh Central Jail. The order is in these terms: