The facts which have given rise to this petition under Article 226 of the Constitution of India are, in brief, as follows. On 25.6.75, the President in the exercise of powers conferred by clause (1) of Article 352 of the Constitution declared that a grave emergency had existed whereby the security of India was threatened by internal disturbances. Thereafter, on 27.6.75, in the exercise of powers conferred by clause (1) of Article 359, the President declared that the right of any person including a foreigner to move any Court for the enforcement of the rights conferred by Articles 14,21 and 22 of the Constitution and all proceedings pending in any Court for the enforcement of the above-mentioned rights would remain suspended for the period during which the Proclamations of Emergency made under clause(1) of Article 352 of the Constitution was in force. It may also be noted here that, on 8.1.86, there was a notification that in the exercise of powers conferred by clause (I) of Article 359 of the Constitution the President declares that the right of any person to move any Court for the enforcement of the rights conferred by Article 19 of the Constitution and all proceedings pending in

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