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may 1956

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.

HARI KHEMU GAWALI vs THE DEPUTY COMMISSIONER OF POLICE,BOMBAY AND ANOTHER. · Niyam