M M THOMAS Vs. UNION OF INDIA

JUDGEMENT

(1.) THE learned Additional Advocate-General has taken notice of this petition and submits that no rule nisi could be issued in this case in view of the Presidential Proclamation under Article 352 (1) of the Constitution of India as also in view of the Presidential order under Article 359 (1) of the Constitution. The question of entertainability of this petition was argued at length by counsel on both sides.

(2.) THE reliefs sought for in this petition by the petitioner, a detenu under the Maintenance of Internal Security Act, 1971 (hereinafter referred to as the Act) are:

(3.) BY Ext. P-1 order the 3rd respondent, invoking the power conferred on him by Section 3 of the Act directed that tile petitioner be detained and kept in custody in the Central Prison, Trichur. That order is dated 12-7-1975. On the same day he passed under the same number Ext P2 declaration whereby he in exercise of his powers conferred on him by Sub-section (3) of Section 16-A of the Act declared that it is necessary to detain the petitioner for effectively dealing with the emergency in respect of which the proclamations of emergency under Clause (1) of Article 352 of the Constitution of India dated 3rd December, 1'971 and 25th June, 1975 have been issued. In that order the 3rd respondent said that in the light of the materials placed before him he considered, whether the detention of the petitioner under the Act was necessary for dealing effectively with the aforesaid emergency and came to the conclusion that on such consideration he was satisfied that it was necessary to detain the petitioner for effectively dealing with the said emergency. By Ext. P-3 order the Government after consideration on review confirmed Ext. P-2 declaration issued by the 3rd respondent It is submitted at the bar by the learned Addl. Advocate General that the State Government has forwarded to the Central Government a report in respect of Ext. P-1 order of detention on 19-7-1975.