Supreme Court of India · 1960-10-03
THE STATE OF MADHYA PRADESH AND ANOTHER vs BALDEO PRASAD
- Citation / case number
- SC 1956/16
- Court
- Supreme Court of India
- Petitioner
- THE STATE OF MADHYA PRADESH AND ANOTHER
- Respondent
- BALDEO PRASAD
- Author
- SINHA, BHUVNESHWAR P.(),KAPURL.,GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.
- Bench
- SINHA, BHUVNESHWAR P.(CJ),KAPUR, J.L.,GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.
Judgment text excerpt
The Supreme Court examined the constitutional validity of the Central Provinces and Berar Goondas Act, 1946, as amended by Act XLIX of 1950, specifically sections 4 and 4-A, in light of Articles 19(1)(d) and (e) and Article 13 of the Constitution. The Court held that the Act was invalid as it failed to provide necessary safeguards for the protection of fundamental rights, particularly because it did not require the District Magistrate to ascertain whether the individual was a 'goonda' before taking action. Consequently, the entire Act was deemed unconstitutional and invalidated by the Court.