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september 1959

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.

REHMAN SHAGOO AND OTHERS vs STATE OF JAMMU AND KASHMIR · Niyam