Supreme Court of India · 1954-02-15
EBRAHIM VAZIR MAVAT vs THE STATE OF BOMBAY AND OTHERS.(With Connected Appeals)
- Citation / case number
- SC 1952/28
- Court
- Supreme Court of India
- Petitioner
- EBRAHIM VAZIR MAVAT
- Respondent
- THE STATE OF BOMBAY AND OTHERS.(With Connected Appeals)
- Bench
- MAHAJAN, MEHAR CHAND (CJ),MUKHERJEA, B.K.,DAS, SUDHI RANJAN,BOSE, VIVIAN,HASAN, GHULAM
Judgment text excerpt
The Supreme Court ruled that Section 7 of the Influx from Pakistan (Control) Act, 1949 is unconstitutional as it violates Article 13(1) of the Constitution by infringing upon the fundamental right of citizens under Article 19(1)(a). The Court held that the physical removal of a citizen under this section is invalid and must be set aside. However, dissenting opinions suggested that the provisions could be seen as reasonable restrictions under Article 19(5) in the interest of public order.