Case Number

HCJ 288/51

Date Decided

4-28-1955

Decision Type

Original

Document Type

Full Opinion

Abstract

HCJ 288/51 addressed an opposition to an order nisi ordering the Respondent to show cause why he should not refrain from removing the Petitioners from a closed area. The order was made absolute in regard to Petitioner 35, and cancelled in regard to the others. HCJ 33/52 addressed an opposition to an order nisi ordering the Respondent to show cause why the Petitioners and their families not be granted entry and exit permits under an area closure order. The order was made absolute in regard to Petitioners 29 and 30, and cancelled in regard to the others.

An order declaring a closed area – A Military Commander’s refusal to grant an entry and exit permit under the Order – A person who enters the closed area before the Order enters into force by publication may continue to reside therein – A petitioner cannot contest the Order itself while simultaneously requesting that the Respondent act in accordance with it – Granting such a permit constitutes a privilege given to the discretion of the Military Commander – A declaration stating that military considerations formed the basis for the Military Commander’s decision is sufficient unless the Petitioners persuade the Court that the military considerations are imaginary, and merely serve as a cover for improper considerations – A certificate issued by the Minister of Defence establishing that disclosure of the reasons for the said decision is contrary to state security frustrates any attempt to prove that the decision was not made in good faith – The deficiencies in the law of evidence that preclude legal examination of a claim of “security reasons”.

Keywords

Constitutional Law -- State of Emergency and National Security

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