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1974 Supreme(MP) 127

A.P.SEN, M.L.MALIK
Subhashchandra Jain – Appellant
Versus
The District Magistrate – Respondent


JUDGMENT :

( 1. ) THIS Order shall also govern Miscellaneous Petition Nos. 986, 994, 996, 1000 and 1006, all of 1974. These petitions have been heard on a preliminary point relating to jurisdiction. It would be convenient to deal with them by this common order,

( 2. ) THE petitioners challenge their detention under orders of detention made by the District Magistrates of Jabalpur and Bhopal under Section 3 (1) (c) of the Maintenance of Internal Security Act, 1971, as amended by Ordinance No. 11 of 1974.

( 3. ) ON 16th November, 1974, the President of India issued the following order tinder Article 359 (1) of the Constitution: In exercise of the powers conferred by Clause (1) of Article 359 of the Constitution, the President hereby declares that: (a) The right to move any Court with respect to orders of detention which have already been made or which may hereafter be made under Section 3 (1) (c) of the Maintenance of Internal Security Act, 1971, as amended by Ordinance 11 of 1974, for the enforcement of the rights conferred by Article 14, Article 21 and Clauses (4), (5), (6) and (7) of Article 22 of the Constitution, and (b) All proceedings pending in any Court for the enforcement of an



















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