Judgment

WANCHOO, J. : This appeal, on a certificate granted under Art. 132 of the Constitution of India (hereinafter called the Constitution) by the High Court of Jammu and Kashmir, raises the constitutionality of the Enemy Agents Ordinance, No. VIII of S. 2005 (hereinafter called the Ordinance), promulgated by His Highness under S. 5 of the Jammu and Kashmir Constitution Act, S. 1996, (hereinafter called the Constitution Act). The appellants also made an application under Art. 132(3) of the Constitution to this Court for permission to urge other grounds taken by them in the High Court besides those relating to the interpretation of the Constitution. We intimated at the outset of the arguments that this application was being allowed and learned counsel for the appellants was permitted to make his submissions on all points raised in the High Court.

2. The appellants are being prosecuted before a Special Court constituted under the Ordinance for offences under S. 3 of the Ordinance, Ss. 3, 4 and 5 of the Explosive Substances Act, No. VI of 1908, S. 120-B of the Penal Code and S. 29 of the Public Security Act read with Rr. 28 and 32 of the Rules thereunder. The incidents out of which t