Facts:
Article 352-Proclaim emergency on 26 Oct, 1962.
The Defence of India Ordinance 1962 (Art. 359 used)
Detained.--posed a threat to the security of the country.
Court-High Court Dismiss
Allahabad Court in similar case-favour the detenues.
Matter-SC
Arguments:
Detention Ground: Vague
Main Issues?
True Scope & effect of president order issued under Article 359(1)
Bar? Art. 226? CRPC Section 491 (of 1898, old one)
Decision?
Consider the principal of natural justice.
Substance of matter was decisive.
Malafide intention-can be challenged.
CRPC 491 same as Art. 32, Art 226.
Released.
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