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1963 Supreme(Mad) 173

ANANTANARAYANAN, RAMAMURTI
K. T. K. Thangamani (Detenu, Central Jail) Salem – Appellant
Versus
Chief Secretary, Government of Madras – Respondent


Advocates:
S. Mohan Kumaramangalam as amicus curiae for Petitioners; Advocate General, Public Prosecutor and Addl. Govt. Pleader, for Respondents.

Judgement

ANANTANARAYANAN, J. :- On 26th October 1962, the President of India proclaimed the existence of a state of emergency under Art. 352(1) of the Constitution. On the same date, the Defence of India Ordinance IV of 1962 was promulgated. On 22nd and 23rd November 1962 orders were passed under rule 30(b) and rule

30(4) of the Defence of India Rules, 1962, directing the detention of the two writ petitioners, Sri K.T.K. Thangamani (W.P. 333 of 1963) and Sri Ananda Nambiar (W.P.334 of 1963), because the Government were satisfied under S. 3(2)(15)(i) of the Defence of India Act. 51 of 1962, that these persons were likely to act "in a manner prejudicial to the Defence of India and Civil Defence", and that their apprehension and detention were hence necessary in the interests of the State, These persons were allocated as detenus to the Salem Central Jail, and it is from such detention that they have preferred these petitions to this court.

2. Both the petitioners raise almost identical grounds, praying for the cancellation of certain restrictions imposed on them in several respects, for the production by the Government of the rules framed for such detention, and allied reliefs; in addit























































































































































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