Judgment

GAJENDRAGADKAR, C.J.I. :

These Criminal Appeals and Writ Petitions have been placed for hearing together in a group because they raise common questions of law.

2. As is well known, after the Chinese attacked the northern border of India on the 8th September, 1962, the President issued a Proclamation under Art. 352 of the Constitution on the 26th October, 1962. This proclamation declared that a grave emergency existed which posed a threat to the security of India. On the same day, an Ordinance was promulgated by the President. This Ordinance was subsequently modified by Ordinance No. 6 of 1962 on the 3rd of November, 1962. The President also issued an Order under Art. 359 (1) suspending the rights of citizens to move any court for the enforcement of the rights conferred by Articles 21 and 22 during the pendency of the emergency proclamation. On the 26th October, 1962, the Rules framed by the Central Government under the Defence of India Act (hereinafter called the Rules ) were published. Rule 30 of the Rules as originally framed was subsequently modified on the 6th December, 1962 and Rule 30-A was added. Later, an Act was passed on the 12th December, 1962 and S. 48 (1) of thi