UNION OF INDIA Vs. DHIRUBHAI GOKULDAS VORA

JUDGEMENT

(1.) The union of India and two other appellants have preferred an appeal against a judgment delivered by Mr. Justice Banerjee on the 24th November, 1975, adjourning the hearing of an application under Article 226 of the Constitution sine die on the ground of Proclamation of Emergency. This is Appeal No. FMAT 3261 of 1975. In this appeal the Union of India has made an interlocutory application praying that the order of Mr. Justice Banerjee be stayed and an earlier order of Mr. Justice Janah made on the 6th January, 1975 be vacated.

(2.) On 7 May, 1971, the Maintenance of Internal Security Act (Act 26 of 1971), hereinafter called 'MISA' came into force. There was a Proclamation of Emergency under Article 352 of the constitution by the president of India on December 3, 1971. By Amendment Ordinance No. 11 of 1974 promulgated on the 17th September, 1974, smuggling activities were included in the list of prejudicial acts envisaged by MISA. A Presidential order was passed under Article 359 on the 16th November, 1974, suspending for six moths the right to move any Court as also all proceedings pending in any Court with respect to order s of detention made or to be made under MISA for enforcement of rights conferred by Articles 14, 21 and clauses (4), (5), (6) and (7) of Article 22.

(3.) On December 19, 1974, the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called 'COFEPOSA') came into force. There was another Presidential Order under Article 359 almost on the same terms relating to 'COFEPOSA'. The order was originally for a period of six months but was later extended on the 20th June, 1975 to 12 months.