FATMABAI ABDULKADAR Vs. SHYAMAL GHOSH

JUDGEMENT

(1.) The petitioner herein is the wife of the detenu named Abdul Kadar Abdul Rehman Papad of Surat and has challenged the detention of her husband ordered by the respondent No. 1 who is the District Magistrate Surat under sec. 3(1)(c)(i) of the Maintenance of Internal Security Act 1971 (which is hereinafter referred to as The Act) as amended by Ordinance No. 11 of 1974. The said order of detention is passed by the above said authority on 7th October 1974 By a letter of the same date the respondent No. 1 communicated to the detenu the following three grounds of detention:- .

(2.) Reference to the petition shows that the petitioner has also challenged the constitutional vires of Ordinance No. 11 of 1974 but during the course of the arguments this contention as regards the vires of Ordinance has not been pressed on behalf of the petitioner.

(3.) During the pendency of these proceedings on November 16 1974 the president of India made a declaration in exercise of powers conferred upon him by clause (1) of Art.359 of the Constitution of India suspending the enforceability of Arts. 14 21 and 22(4) (5) (6) and (7) with respect to the orders of detection made under; sec. 3(1)(c) of the Act. This declaration applies also to the pending proceedings has hence even this matter is covered by it.