Supreme Court of India · 1959-01-20
GOPI CHAND vs THE DELHI ADMINISTRATION
- Citation / case number
- SC 1955/51
- Court
- Supreme Court of India
- Petitioner
- GOPI CHAND
- Respondent
- THE DELHI ADMINISTRATION
- Bench
- DAS, SUDHI RANJAN (CJ),DAS, S.K.,GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,HIDAYATULLAH, M.
Judgment text excerpt
The Supreme Court examined the constitutional validity of Section 36(1) of the East Punjab Public Safety Act, 1949, which allowed for the trial of specified offences under a summons procedure in designated disturbed areas. The Court held that the classification of areas was valid under Article 14 of the Constitution, as it was based on intelligible differentia related to public safety. However, it ruled that the summons procedure could not continue after the Act's expiry due to the absence of a saving provision, leading to the appellant's conviction being overturned.