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A. S. ANAND, S. C. AGRAWAL, S. P. BHARUCHA, M. M. PUNCHHI, J. S. VERMA
Naga Peoples Movement Of Human Rights – Appellant
Versus
Union Of India – Respondent
The statement you provided appears to be a paraphrased summary of legal principles related to the state's obligations in disturbed areas where constitutional machinery has broken down. It reflects the general judicial understanding that during periods of active conflict or disturbance, the enforcement of fundamental rights may be temporarily limited, and the state's primary duty is to restore order through reasonable efforts (!) .
This principle recognizes that temporary disruptions are inevitable during the process of restoring normalcy and cannot be equated with violations of constitutional obligations, as long as the efforts made are reasonable and aimed at re-establishing the rule of law (!) .
Therefore, while the specific wording of the statement may not directly appear in a particular judgment, the underlying legal doctrine aligns with established judicial principles concerning the state's responsibilities in disturbed areas (!) .
(!) General legal principles regarding state obligations during disturbances
(!) Judicial recognition of temporary disruptions and efforts to restore order
(!) Theoretical understanding of constitutional obligations in exceptional circumstances
JUDGMENT
S.C. Agrawal, J.
1. These writ petitions and appeals raise common questions relating to the validity of the Armed Forces (Special Powers) Act, 1958 (as amended) enacted by Parliament (hereinafter referred to as 'the Central Act') and the Assam Disturbed Areas Act, 1955 enacted by the State Legislature of Assam (hereinafter referred to as 'the State Act').
2. The Central Act was enacted in 1958 to enable certain special powers to be conferred upon the members of the armed forces in the disturbed areas in the State of Assam and the Union Territory of Manipur. By Act 7 of 1972 and Act 69 of 1985 the Central Act was amended and it extends to the whole of the State of Arunachal Pradesh, Assam, Manipur, Meghalya, Mizoram, Nagaland and Tripura. The expression "disturbed area" has been defined in Section 2(b) to mean an area which is for the time being declared by notification under Section 3 to be a disturbed area. Section 3 makes provision for issuance of a notification declaring the whole or any part of State or Union Territory to which the Act is applicable to be a disturbed area. In the said provision, as originally enacted, the power to issue the notification was only conferred
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