LAWS(DLH)-1974-11-15

DAYA SHANAR KAPOOR Vs. UNION OF INDIA

Decided On November 22, 1974
DAYA SHANKAR KAPUR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioner Daya Shankar Kapoor has filed this petition under Article 226 of the Constitution for the issue of a writ of habeas corpus or any other suitable order or direction for his release from detention by virtue of an order dated 24th September,1974 issued by the District Magistrate, Delhi, under section 3(l)(c)read with section 3(2) of the Maintenance of Internal Security Act,1971 (hereinafter referred to as "the Act").

(2.) The President of India in exercise of powers under Article 123 (1) of the Constitution promolgated the Maintenance of Internal Security (Amendment) Ordinance, 1974 (No. 2 of 1974) to amend the Act. By the said ordinance the following clause was added to section 2 of the Act :-

(3.) The order dated 24th September, 1974, by virtue of which the petitioner has been detained reads as follows :-