REHMAN SHAGOO AND OTHERS versus STATE OF JAMMU AND KASHMIR

REHMAN SHAGOO AND OTHERS versus STATE OF JAMMU AND KASHMIR

The Enemy Agents Ordinance, No. VIII of S.2005, is intra vires, valid, and subsisting; the classification of 'enemy agents' and persons aiding the enemy is reasonable and does not violate Article 14; the Ordinance does not pertain to 'defence' within the meaning of the Instrument of Accession; the Ordinance was saved by section 6(b) of the Jammu and Kashmir General Clauses Act; it is a permanent law that does not lapse with the cessation of emergency, and is not inconsistent with the Emergency Provisions of the Constitution of India.

Parties
Appellants: Rehman Shagoo and Others; Respondent: State of Jammu and Kashmir
Jurisdiction
India
Judgment Date
10 September 1959
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment and Order Dated 19th February 1958 in Writ Petition No. 53 of 1957
Outcome
Appeal dismissed
Legal Topics
Legislative Competence, Ordinance Validity, Discrimination Under Article 14, Emergency Legislation
Constitutional Law Criminal Law Legislative Competence Ordinance Validity Discrimination Under Article 14 Emergency Legislation

Case Brief

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Parties

Rehman Shagoo and Others

Appellants

State of Jammu and Kashmir

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment and Order Dated 19th February 1958 in Writ Petition No. 53 of 1957

Legal Issues

  1. 1 Whether the Enemy Agents Ordinance, No. VIII of S.2005, violates Article 14 of the Constitution of India
  2. 2 Whether the Ruler of Jammu and Kashmir had legislative competence to issue the Ordinance after accession to India
  3. 3 Whether the Ordinance lapsed upon repeal of section 5 of the Jammu and Kashmir Constitution Act

Ratio Decidendi

The Enemy Agents Ordinance, No. VIII of S.2005, is intra vires, valid, and subsisting; the classification of 'enemy agents' and persons aiding the enemy is reasonable and does not violate Article 14; the Ordinance does not pertain to 'defence' within the meaning of the Instrument of Accession; the Ordinance was saved by section 6(b) of the Jammu and Kashmir General Clauses Act; it is a permanent law that does not lapse with the cessation of emergency, and is not inconsistent with the Emergency Provisions of the Constitution of India.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.