P VENKATESESHAMMA Vs. STATE ANDHRA PRADESH

JUDGEMENT

(1.) The maintainability of these petitions under Art. 226 of the Constitution of India during the period in which proclamation of Emergency under Article 352 and the declaration of the President of India under cl. (1) of Article 359 is in force and the validity of the amendments effected in the Maintenance of Internal Security Act 1971, by the two Amending Ordinances of 1975 arise for consideration in these writ petitions. Having regard to the general importance of these questions and the far reaching consequences of these amendments these petitions have been referred to a Full Bench.

(2.) The first of these writ petitions is for the release of an advocate of this Court, Sri P. Venkateswarlu, who was arrested and detailed under the provisions of the Maintenance of Internal Security Act, 1971 hereinafter referred to the Principal Act.

(3.) Sri P. Venkateswarlu was arrested on the intervening night of 25/ 26/06/1975 at 1-30 A.M. under Section 3 (1) (a) of the Maintenance of Internal Security Act, 1971. This writ petition was moved on the morning of his arrest along with a petition W.P.M.P. No. 5081 of 1975 praying for a direction to the State of Andhra Pradesh the Inspector General of Police, Andhra Pradesh and the Commissioner of Police, Hyderabad City, the respondents herein, to permit him to attend to his work between 10-00 A.M. and 5-00 P.M. pending the disposal of the Writ Petition.