P L LAKHANPAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, Puran Lal Lakhanpal was arrested and detained under Cl. (b) of sub-r. (1) of R. 30 of the Defence of India Rules 1962 by an order passed on December 10 1965 and directed to be detained in Central Jail Tehar, New Delhi. The order stated that :

(2.) The first ground is that R. 30 (1) (b) is ultra vires S. 3 (2) (15) (i) of the Defence of India Act under which the Rules were made. Sub-s. (1) of S. 3 contains the general power to make rules for certain purposes. Sub-s. (2) states that the rules made may provide for and may empower any authority to make orders providing for all or any of the following matters, namely :-

(3.) It was next said that the Proclamation of Emergency made by the President under Art. 352 of the Constitution which prevented the Act from being illegal, was not in terms of the article, as it did not state that the President was satisfied that a grave emergency existed. It is true that the Proclamation did not do that. It stated :