ADDITIONAL DISTRICT MAGISTRATE, JABALPUR vs S. S. SHUKLA ETC. ETC.

The Supreme Court ruled that during a state of emergency, the remedy of a writ petition under Article 226 to challenge detention orders under the Maintenance of Internal Security Act (Act 26 of 1971) is not available to a detenu. The Court upheld the constitutionality of Section 16A(9) of the Act, stating it is a rule of evidence and does not violate fundamental rights under Part III of the Constitution due to Article 359(1A). The judgment clarified that Article 21 is the sole repository of rights to life and liberty, and emphasized the distinction between Articles 358 and 359 regarding emergency provisions.