SREE MOHAN CHOWDHURY vs THE CHIEF COMMISSIONER, UNIONTERRITORY OF TRIPURA

The Supreme Court held that the President's Order suspending the right to move any court for enforcement of rights under Articles 21 and 22 during the proclamation of emergency was effective, despite the repeal of the Defence of India Ordinance, 1962, by the Defence of India Act, 1962. The Court clarified that while the power to issue a writ of habeas corpus remained, the right to challenge detention under Article 32 was suspended. The saving clause in Section 48 of the Defence of India Act ensured that actions taken under the Ordinance were deemed valid under the Act, thus upholding the President's Order.