BIREN DATTA Vs. CHIEF COMMISSIONER OF TRIPURA

JUDGEMENT

(1.) THE 12 petitioners (1. Shri Biren Datta, 2 Shri Prabhat Deb Barma, 3. Shri Benoy Deb Barma, 4. Shri Pulin Deb Barma, 5, Shri Nagendra Deb Barma, 6. Shri Arjun Deb Barma, 7. Sri Mohan Choudhury, 8. Sri Sushil Dey, 9. Shri Saroj Chanda, 10. Shri Jagabrata Sen Gupta 11. Shri Promode Ranjan Das Gupta and 12. Shri Bidya Deb Barma) who are the detents, and who have been detained by the Administrator the Union Territory of Tripura under Rule 3o(i)(b) of the Defence of India Rules, 1962, read with Sub -rule (11) of Rule 2 of the aforesaid Rules made by the Central Government In exercise of the powers conferred on it by Section 3 old the Defiance of India Ordinance 1962 (No. 4 of 196a), have applied separately to this Court under Section 491(i)(b) of the Criminal Procedure Code.

(2.) ALL these 12 Criminal Miscellaneous Petitions (Nos. 15, 16, 17, 18, 19, 20, 24, 25, 26. 27, 28 and 29 of 1963) involve common questions of fact and law for determination therefore they shall be disposed of by this order.

(3.) ON the 8th of September, 1962, the Chinese aggressively attacked the northern border of India and that constituted a threat to the security of India. That is why on the 26th of October, 1962, the President issued a proclamation under Article 352 of the Constitution. This proclamation declared that a grave emergency existed whereby the security of India was threatened by external aggression. On the same day the Ordinance was promulgated by the President. This Ordinance was amended by Ordinance No. 6 of 1962 promulgated on the 3rd November, 1962. On this day, the President issued the order tinder Article 359(1), suspending the rights of citizens to move any Court for the enforcement of the rights conferred by Articles 21 and 22 of the Constitution for the period during which the proclamation of emergency, issued on the 26th October, 1962, would be in force. On the 6th November, 1962, the Rules framed by the Central Government were published. Then followed an amendment of the Presidential Order on the 11th November, 1962. By this amendment, for the words and figures 'Article 21' the words and figures 'Articles 14 and 21' were substituted. On the 6th December, 1962, Rule 30 as originally framed was amended and Rule 30 -A added. Last came the Act on the 12th December 1962. Section 48(i) of the Act has provided for the repeal of the Ordinance Nos. 4 and 6 of 1962, Section 48(2) provides that notwithstanding such repeal and Rules made, anything done or any action taken under the aforesaid two Ordinances shall be deemed to have been made, done or taken under this Act as if this Act had commenced on the 26th October, 1062. That is bow the Rules made under the Ordinances continued to be the Rules under the Act, and it is under Rule 3o(i)(b) read with Sub -rule (11) of Rule 2 that the Administrator,, Union Territory of Tripura by his order dated 20thf November, 1962, detained several communists including the petitioners with a view to preventing them from acting in a manner prejudicial to the defence of India and Civil Defence.