A K ABRAHAM Vs. STATE OF KERALA

JUDGEMENT

(1.) When these Original Petitions came up for hearing before a Division Bench, the petitions were directed to be posted before a Full Bench of five Judges.

(2.) The question that arises for consideration is whether by virtue of the Proclamation of Emergency issued under Art.352 of the Constitution of India on 26-6-1975 and the Order under Art.359(1) passed by the President declaring that the right to move any Court for the enforcement of such of the rights conferred by Part III as are mentioned in the order and all proceedings pending in any Court for the enforcement of the rights so mentioned shall remain suspended for the period during which the Proclamation is in force, the interim orders of stay passed on the Civil Miscellaneous Petitions in these cases should be vacated. It was contended by counsel for the petitioners that the orders must be sustained. The Advocate General appearing for the respondents urged that if the Original Petitions are suspended, the interim orders of stay passed by this Court on the Civil Miscellaneous Petitions Nos. 11931 of 1974 in O. P. No. 3909 of 1974, 12118 of 1974 in O. P. No. 3970 of 1974, 13077 of 1974 in O. P. No. 4252 of 1974 and 13082 of 1974 in O. P. No. 4256 of 1974 must be vacated.

(3.) We shall at this stage read the Proclamation under Art.352 of the Constitution and the Presidential Order under Art.359(1):