Supreme Court of India · 1956-05-08
HARI KHEMU GAWALI vs THE DEPUTY COMMISSIONER OF POLICE,BOMBAY AND ANOTHER.
- Citation / case number
- SC 1955/121
- Court
- Supreme Court of India
- Petitioner
- HARI KHEMU GAWALI
- Respondent
- THE DEPUTY COMMISSIONER OF POLICE,BOMBAY AND ANOTHER.
- Bench
- MUKHERJEE, BIJAN KR. (CJ),JAGANNADHADAS, B.,AIYYAR, T.L. VENKATARAMA,SINHA, BHUVNESHWAR P.,IMAM, SYED JAFFER
Judgment text excerpt
The Supreme Court upheld the constitutionality of Section 57 of the Bombay Police Act, 1951, stating it imposes reasonable restrictions on the fundamental rights of free movement and residence under Article 19(1)(d) and (e). The Court found that the provisions serve to prevent individuals with criminal tendencies from reoffending, thus safeguarding public interest. The majority opinion concluded that the order of externment was valid, while dissenting opinions raised concerns about the lack of an Advisory Board for scrutiny of evidence.