Supreme Court of India · 1959-09-10
REHMAN SHAGOO AND OTHERS vs STATE OF JAMMU AND KASHMIR
- Citation / case number
- SC 1958/87
- Court
- Supreme Court of India
- Petitioner
- REHMAN SHAGOO AND OTHERS
- Respondent
- STATE OF JAMMU AND KASHMIR
- Author
- DAS, SUDHI RANJAN (),DAS, S.K.,SARKAR, A.K.,WANCHOO, K.N.,HIDAYATULLAH, M.
- Bench
- DAS, SUDHI RANJAN (CJ),DAS, S.K.,SARKAR, A.K.,WANCHOO, K.N.,HIDAYATULLAH, M.
Judgment text excerpt
The Supreme Court upheld the validity of the Enemy Agents Ordinance, S. 2005, promulgated by the Ruler of Jammu and Kashmir, ruling it did not violate Article 14 of the Constitution of India. The Court found that the Ordinance was not discriminatory as it created a reasonable classification of 'enemy agents' and was within the legislative competence of the Ruler, despite the repeal of Section 5 of the Jammu and Kashmir Constitution Act. The Court concluded that the Ordinance was valid and subsisting, as it was not legislation concerning defense in the constitutional sense.