It appears the petition under Art.
32 of the Constitution was number immediately forwarded to this Court by the authorities of the Tripura Administration.
In that petition, after stating the facts of his detention, he stated that while in detention in the Agartala Central jail, the petitioner had submitted a petition under Art.
April 29.
32, dated November 30, 1962, and went on to state that when the petition was placed before him, on a companysideration of the Defence of India Rules, and the Presi dents Order aforesaid dated November 3, 1962, he took the view that the petition was number maintainable and that, therefore, numberhing need be done.
32 of the Constitution for a writ of Habeas Corpus against his detention, as aforesaid.
by s. 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 companyduct of military operations or for maintaining supplies and services essential to the life of the companymunity by numberification in the official gazette.
This petition is dated November 30.
123 of the Constitution, he promulgated the Defence of India Ordinance IV of 1962 on the same date Octobcr 26, 1962.
C. Agarual, R. K. Garg, M. K. Ramamurthi and D. P. Singh, for the intervener.
The order is in these terms TRIPURA ADMINISTRATION HOME DEPARTMENT No.
Agrayahana 12, 1884, ORDER In exercise of the powers companyferred by sub rule 5 of Rule 30 of the Defence of India Rules, 1962 read with sub rule 11 of Rule 2 of the said Rules and all other powers enabling in that behalf, I hereby direct that detenue Shri Bipul Chaudhury alias Mohan son of L. Bimala Charan Chaudhury of Sutarmura, Bishalgarh P. S. be transferred from Agartala Central jail to Hazaribagh Central jail, Bihar for detention in that jail, until further orders.
Sd S. P. Mukerjee Chief Commissioner, Tripura.
In exercise of those powers, the Central Government promulgated the Defence of India Rules, 1962, by numberification in the Official Gazette, Extraordinary dated November 5, 1962.
The judgment of the Court was delivered by SINHA C. J. On October 26, 1962, the President having been satisfied that a grave national emergency exists.
The relevant portion of r. 30 is as follows The Central Government or the State Govern ment, 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 de fence, the public safety, the maintenance of public order, Indias relations with foreign powers, the maintenance of peaceful companyditions in any part of India or the efficient companyduct of military operations, it is necessary so to do, may make an order x x x b directing that he be detained x x x 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 companyferred by Arts.
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 Art.
15 of 1963.
ORIGINAL JURISDICTION .Habeas Corpus Petition No.
The companysent of the Government of Bihar has been obtained for the removal of the aforesaid detenue from this Territory to the place mentioned above vide their telegram No.
Sd S. P. Mukerjee Chief Commissioner, Tripura.
As the petitioner had appeared at the hearing, it was further directed that he be detained in Delhi jail till the disposal of the writ petition.
F. 22 59 PD/62.
Agartala, November 20, 1962.
of Art.
Hebeas Corpus Petition under Art.
Agartala, December 3, 1962.
In exercise of the power companyferred by r. 30 aforesaid of the Defence of India Rules, the Chief Commissioner of Tripura issued an order of detention in respect of the petitioner on November 20, 1962 No.
ORDER WHEREAS, 1 am satisfied that Shri Bipul alias Mohan Chaudhri S o Sri Bimala Charan Chaudhri of Sutarmura P. S. Bisalgar should be detained with a view to preventing him her from acting in any manner prejudicial to the defence of India and Civil defence, public safety, the maintenance of public order, Indias relations with foreign powers and the maintenance of peaceful companyditions in Tripura.
Hence, the petitioner sent a petition from the Hazaribagh Central jail in Bihar, dated December 15, 1962/ December 18, 1962 for initiating proceedings for companytempt of Court against the Chief Commissioner, the Union Territory of Tripura.
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.
F. 22 59 PD/62 TRIPURA ADMINISTRATION OFFICE OF THE CHIEF COMMISSIONER.
21 and 22 of the Constitution In exercise of the powers companyferred by clause 1 of article 359 of the Constitution, the President hereby declares that right of any person to move any companyrt for the enforcement of the rights companyferred by article 21 and article 22 of the Constitution shall remain snspended for the peried 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.
After the Proclamation of Emergency, as Parliament was number 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 companyferred by cl.
32 of the Constitution of India.
352 of the Constitution.
V. Gupta, Additional Solicitor General of India D. R. Prem, R. H. Dhebar and R. N. Sachthey, for the respondent.
K. Garg, for the petitioner.
940 Political Special, dated the 1st December 1962 .
By a subsequent order dated December 3, 1962, of the Chief Commissioner Tripura, the petitioner was transferred from Agartala Central jail to Hazaribagh Central jail.
1962, while the petitioner was still in the Agartala Central jail.
He also produced the original petition under Art.
In the meantime, the Petitioner had made a petition under Art.
