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D. G. PALEKAR, M. H. BEG, A. N. RAY, A. N. GROVER, S. M. SIKRI
Ishwar Das Malhotra – Appellant
Versus
Union Of India – Respondent
Judgement
SIKRI, C.J.I. :- This appeal, by special leave, is directed against the judgment of the Jammu & Kashmir High Court holding that the Delhi Special Police Establishment Act, 1946, (25 of 1946) was validly extended to the State of Jammu and Kashmir by the Jammu and Kashmir (Extention of Laws) Act, 1956 hereinafter referred to as the Extension Act. The High Court decided this question on a reference made by the Special Magistrate, under S. 432 of the Code of Criminal Procedure, before whom the challan had been filed under the Ranbir Penal Code on November 29, 1967. The only question involved in this appeal before us is as to the validity of the aforesaid extension.
2. In order to appreciate the contentions of the learned counsel in this respect, it is necessary to give an account of the constitutional provisions applicable to the State of Jammu and Kashmir. On January 26, 1950 the Constitution of India came into force. In exercise of the powers conferred by cl. (1) of Art. 370 of the Constitution of India, the President, in consultation with the Government of the State of Jammu & Kashmir, made the Constitution (Application to Jammu and Kashmir) Order, 1950. This order was super
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