Supreme Court of India · 1950-05-26
DR. N.B. KHARE vs THE STATE OF DELHI
- Citation / case number
- SC 1950/37
- Court
- Supreme Court of India
- Petitioner
- DR. N.B. KHARE
- Respondent
- THE STATE OF DELHI
- Bench
- KANIA, HIRALAL J. (CJ),FAZAL ALI, SAIYID,SASTRI, M. PATANJALI,MAHAJAN, MEHR CHAND,MUKHERJEA, B.K.
Judgment text excerpt
The Supreme Court upheld the validity of Section 4(1)(c) of the East Punjab Public Safety Act, 1949, which allows the Provincial Government or District Magistrate to extern individuals deemed prejudicial to public safety. The Court found that the provisions, including the finality of the authority's satisfaction and the duration of the externment order, did not infringe upon the fundamental right to movement under Article 19(1)(d) of the Constitution. The dissenting opinion argued against the reasonableness of such restrictions, but the majority held the law constitutional.