Y. V. CHANDRACHUD, V. D. TULZAPURKAR, P. N. BHAGWATI, D. A. DESAI, A. C. GUPTA
A. K. Roy: Than Singh Tyagi: Vasantkumar Pandit – Appellant
Versus
Union Of India – Respondent
JUDGMENT
CHANDRACHUD, CJI. (For himself and on behalf of Bhagwati and Desai, JJ.):— This is a group of writ petitions under. Art. 32 of the Constitution challenging the validity of the National Security Ordinance, 2 of 1980, and certain provisions of the National Security Act, 65 of 1980, which replaced the Ordinance. Writ Petition No. 5724 of 1980 is by Shri A. K. Roy, a Marxist member of the Parliament, who was detained under the Ordinance by an order passed by the District Magistrate, Dhanbad, on the ground that he was indulging in activities which were prejudicial to public order. Ten members of the Parliament, one an Independent and the other belonging to various political parties in opposition, applied for permission to intervene in the writ petition on the ground that since the Ordinance-making power of the President is destructive of the system of Parliamentary democracy, it is necessary to define the scope of that power. We allowed the intervention. So did we allow the applications for intervention by the Peoples Union of Civil Liberties, the SC Bar Association and the State of Jammu and Kashmir which is interested in the upholding of the Jammu & Kashmir Public Safety Act,
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