PRAKASH NARAIN, J - (1.) Criminal Writ No. 221 of 1975 was dismissed by us in limine on July 27, 1976 and Criminal Writ No. 62 of 1976 was dismissed by us on the next day by short orders pronounced in court. We had also indicated in our short orders that reasons will be recorded later. We now proceed to record our reasons for dismissing these two petitions.
(2.) At the outset we would like to place on record our thanks and appreciation to Mr. V. P. Raman, Additional Solicitor General and Mr. Harish Chandra, Central Government Counsel who ably assisted us Amicus Curiae at our request.
(3.) In Criminal Writ No. 221 of 1975 the petitioner is a detenu who has been detained in pursuance of an order made under Section 3(1) of the Maintenance of Internal Security Act. This petitioner had by his petition prayed that this court should declare that: "(i) the continuance of emergency declared in 1971 and (ii) the emergency declared on 25/26 June, 1975 (iii) all actions taken, including the raid and search of the residence of the petitioner under colour of emergency, the issuance of warrants of his arrest. as unconstitutional, fraud on power, illegal and invalid. ISSUE ORDER DIRECTION OR WRIT IN THE NATURE OF WRIT OF certiorary quashing the proclamation of emergencies and FIR 300/75 P. S. Rajinder Nagar, New Delhi. habeas corpus directing respondents to immediate release the petitioner from warrants of arrest issued under FIR 300/75 P. S. Rajinder Nagar, New Delhi. mandamus directing the respondents to proceed in accordance with law.";