SHIVKANT SHUKLA Vs. ADDITIONAL DISTRICT MAGISTRATE JABALPUR

JUDGEMENT

(1.) THIS order shall also govern Miscellaneous Petition Nos. 626, 669, 671, 672, 693, 694, 700, 701, 702, 703, 704, 735, 736 and 772, all of 1975. These petitions have been heard on a preliminary point relating to jurisdiction. It would be convenient to deal with it by this common order.

(2.) THESE fifteen petitions are filed by the petitioners under Article 226 of the Constitution for the issue of a writ of Habeas Corpus, by which the peti tioners challenge the validity of their detention by the orders of the Additional district Magistrate, Jabalpur, and of the District Magistrate, Raigarh, Khandwa, rajnandgaon and Panna, under section 3 (1) (a) (ii) of the Maintenance of internal Security Act, 1971, on their being "satisfied" that the detention of the petitioners was necessary with a view "to preventing the petitioners from meeting in any manner prejudicial to the maintenance of public order".

(3.) IN response to the rules which were issued, the learned Government-Advocate appeared and raised a preliminary objection as to jurisdiction, namely, that in view of the Proclamation of Emergency by the President of India dated 25th June, 1975 under Article 352 (1) of the Constitution, the Presidential Order dated 27th June, 1975 issued by him under Article 359 (1) of the Constitution and the provisions of the Maintenance of Internal Security Act, 1971 as amended by the Maintenance of Internal Security (Amendment) Ordinance, 1975 (No. 4 of 1975) and the Maintenance of Internal Security (Second Amendment) Ordinance, 1975 (No. 7 of 1975), this Court has no jurisdiction to entertain these petitions.