Supreme Court · 1997 INSC 763 · Decided 27 November 1997
Naga People's Movement of Human Rights ETC. v. Union of India
- Court
- Supreme Court of India
- Citation
- 1997 INSC 763 · [1997] SUPP. 5 S.C.R. 469
- Case number
- WRIT PETITION (CRIMINAL) No. 550/1982
- Decided
- 27 November 1997
- Bench
- J.S. VERMA, M.M. PUNCHHI, S.C. AGRAWAL, A.S. ANAND, S.P. BHARUCHA (5-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 41, 45, 197; Constitution Article 14, 19, 21, 22(I), 348, 248, 352to360; Arms Act
Headnote
The Armed Forces (Special Powers) Act, 1958, read with Constitution B of India Article 254, Union List, entries I, 2, 2A--Constitutional validity of- C Whether Parliament lacked legislative competence to make Act in respect of maintenance of public order-Held, is an Act providing for deployment civil power; not ultra vires legislative power of Parliament. The Armed Forces (Special Powers) Act, 1958, read with Constitution D of India, Articles 352 and 355-Whether the Act intended to achieve same result as Proclamation of Emergency or imposition of President's Rule-Held, no Act, neither
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