MOHD. YAQUB, ETC. vs THE STATE OF JAMMU & KASHMIR

The Supreme Court held that an order made under Article 359(1) of the Constitution cannot be challenged under Article 13(2) as it suspends the enforcement of fundamental rights, including Articles 14, 21, and 22. The Court ruled that the President has the authority to suspend these rights during an emergency, and such suspension does not require explicit provisions in the Defence of India Act. The Court also clarified that the grounds for detention under Article 22(5) must still be provided, but the detention order in this case was valid despite not adhering to the form required by Article 166, leading to the dismissal of the petitions.