Rajvi Roop Singh, J.C. - (1.) THE six petitioners (1. Shri Biren Dutta, 2. Shri Benu Sen, 3. Shri Dinesh Deb Barma, 4. Bhanu Ghosh. 5. Jogabrala Sen Gupta and 6. Shri Deba Brata Chakraborty) who are the detenus, and who have been detained by the Administrator, the Union Territory of Tripura under Rule 30(1) (b) of the Defence of India Rules, 1902, 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 of the Defence of India Ordinance (No. 4 of 1902), have applied separately to this Court under Article 220 of the Constitution of India for the issue of a writ in the nature of 'Habeas Corpus' for their release.
(2.) IN all the 6 habeas corpus petitions the questions of law and facts involved are similar and I shall therefore briefly refer to the facts in Petition No. 10 of 1965 for the purposes of dealing with the points raised on behalf of the petitioners. Before dealing with the points which have been raised for decision in these petitions, it is necessary to give a brief resume of facts which gave rise to these petitions, and the issue of the proclamation under Article 359(1) of the Constitution.
(3.) ON October 26, 1962 the President having been satisfied that a grave national emergency exists, whereby the security of India or any part of the territory thereof is threatened by the Chinese aggression, issued a Proclamation declaring the Emergency, under Article 352 of the Constitution, That declaration of emergency was laid before both Houses of Parliament on November 8, 1962, and was approved by the Rajya Sabha on November 13, 1962, and by the Lok Sabha on November 14, 1962. After the Proclamation of Emergency as Parliament was not in session and as the President was satisfied that circumstances existed which rendered it necessary for him to take immediate action for exercise of the powers conferred by Clause (1) of Article 123 of the Constitution he promulgated the Defence of India Ordinance (IV of 1962) on the same date - October 26, 1962. By Section 3 of the Ordinance, the Central Government has been empowered to make rules as appear to be necessary or expedient for securing the defence of India and Civil defence, the public safety, the maintenance of public order or the efficient conduct of military operations or for maintaining supplies and services essential to the life of the community, by notification in the official gazette. In exercise of those powers, the Central Government promulgated the Defence of India Rules, 1962, by notification in the Official Gazette Extraordinary dated November 5, 1962. The relevant portion of R. 30 is as follows: The Central Government or the State Government, if it is satisfied with respect to any particular person that with a view to preventing him from acting in any manner prejudicial to the defence of India and civil defence, the public safety, the maintenance of public order, India's relations with foreign powers, the maintenance of peaceful conditions in any part of India or the efficient conduct of military operations, it is necessary so to do, may make an order: * * * (b) directing that he be detained; * * * During the operation of the Proclamation of Emergency, the President issued, on November 3, 1962, the following Order suspending the right to move any Court for the enforcement of rights conferred by Articles 21 and 22 of the Constitution: In exercise of the powers conferred by Clause (1) of Article 359 of the Constitution, the President hereby declares that the right of any person to move any Court for the enforcement of the rights conferred by Article 21 and Article 22 of the Constitution shall remain suspended for the period during which the Proclamation of Emergency issued under Clause (1) of Article 352 thereof on the 26th October, 1962, is in force, if such person has been deprived of any such rights under the Defence of India Ordinance, 1962 (4 of 1962) or any rule or order made thereunder.;