KUNHI MOYIN Vs. PATHUMMA

JUDGEMENT

(1.) The criminal revision petition as well as the writ petitions come before us on reference since important questions of law are involved in these cases. The main questions that arise in the writ petitions are the following;

(2.) The constitutional validity of the section is challenged on the basis of Art.14 and 19 and also as violative of Art.25 of the Constitution. The challenge under Art.14 is not at present available to any person with the Proclamation of Emergency by the President of India and by virtue of the Notifications dated 25-6-1975 and 27 6 1975 issued by the President of India, under Art.359(1) of the Constitution. Art.359 reads as follows:

(3.) The learned Advocate General, who appeared for the State, contended further, that all interim orders passed in the writ petitions pending on the date of the notifications have to be vacated, since not to do so would be indirectly taking away the effect and purpose of Art.359.