Oza, J. - (1.) This is a petition filed by the petitioner under Article 226 of the Constitution of India for a direction in the nature of habeas corpus challenging his detention by the respondents under the provisions contained in the Maintenance of Internal Security Act.
(2.) According to the petitioner, he was detained by orders of the District Magistrate, Indore, on 2-7-1975 and a declaration as contemplated under the amended Act was issued on 2-7-1975.
(3.) The respondents in their reply have raised certain preliminary objections, At the hearing learned Deputy Government Advocate only argued about the preliminary objections. The main objections raised by the respondents at the time of hearing are : (1) That in view of the proclamation of emergency by the President on 25th June, 1975 and in view of the subsequent order of the President under Article 359 of the Constitution dated 27th June, 1975, the rights guaranteed to the petitioner under Articles 14, 21, 22 and 19 of the Constitution are suspended; and because of the order of President dated 27th June, 1975, their right to move the Court also has been suspended, therefore, these petitions cannot be entertained. (2) That the Maintenance of Internal Security (Amendment) Ordinance, which subsequently was passed into an Act, by Section 7 thereof, has suspended any right to liberty under any other law during the continuance of the Emergency and on this basis, therefore, it was contended that this petition does not deserve to be considered on merits.;