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may 1950

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.

DR. N.B. KHARE vs THE STATE OF DELHI · Niyam