Sree Mohan Chowdhury Vs. the Chief Commissioner, Union Territory of Tripura - Court Judgment
|Court||Supreme Court of India|
|Judge|| B.P. Sinha, C.J.,; J.C. Shah,; J.R. Mudholkar,; K. Subba Rao and; Raghubar Daya|
|Reported in||AIR1964SC173; 1964CriLJ132; 3SCR442|
|Acts||Defence of India Ordinance, 1962; General Clauses Act - Sections 8; Defence of India Act, 1962 - Sections 48; Defence of India Rules - Rule 30; ;Constitution of India - Articles 21, 22, 23, 32 and 359(1)|
|Appellant||Sree Mohan Chowdhury|
|Respondent||The Chief Commissioner, Union Territory of Tripura|
.....move any court for enforcement of the rights conferred by article 21 and 22 of the constitution of india during emergency - the petitioner moved the supreme court under article 32 of the constitution, challenging his detention - the petitioner contended that the right to move supreme court under article 32 of the constitution being a guaranteed right could not be suspended - the court ruled that the petition was not maintainable - though the power of the supreme court to issue a writ in the nature of habeas corpus was not touched, the right of the petitioner to move the court for such a writ was suspended by the president's order.
- land acquisition act (1 of 1894)section 23: [s.b.sinha, lokeshwar singh panta & b.sudershan reddy,jj] determination of compensation acquired land..........alias mohan chaudhri s/o sri bimala charan chaudhri of sutarmura p. s. bisalgarh should be detained with a view to preventing him/her from acting in any manner prejudicial to the defence of india and civil defence, public safety, the maintenance of public order, india's relations with foreign powers and the maintenance of peaceful conditions in tripura. 4. now, therefore, in exercise of the powers conferred by rule 30 of the defence of india rules, 1962 read with sub-rule (11) of rule 2 of the aforesaid rules and all other powers enabling in that behalf, i hereby direct that the aforesaid person be detained in the central jail at agartala until further orders. sd/-(s. p. mukerjee)chief commissioner, tripura.'5. by a subsequent order dated december 3, 1962, of the chief commissioner.....
WHEREAS, I am satisfied that Shri Bipul alias Mohan Chaudhri S/o Sri Bimala Charan Chaudhri of Sutarmura P. S. Bisalgarh should be detained with a view to preventing him/her from acting in any manner prejudicial to the defence of India and Civil defence, public safety, the maintenance of public order, India's relations with foreign powers and the maintenance of peaceful conditions in Tripura.
4. Now, therefore, in exercise of the powers conferred by Rule 30 of the Defence of India Rules, 1962 read with sub-rule (11) of Rule 2 of the aforesaid Rules and all other powers enabling in that behalf, I hereby direct that the aforesaid person be detained in the Central Jail at Agartala until further orders.
Sd/-(S. P. Mukerjee)
Chief Commissioner, Tripura.'
5. By a subsequent order dated December 3, 1962, of the Chief Commissioner Tripura, the petitioner was transferred from Agartala Central Jail to Hazaribagh Central Jail. The order is in these terms :
No. F. 22(59)-
December 3, 1962.
Agrayahana 12, 1884,