BABULAL PARATE vs STATE OF MAHARASHTRA AND OTHERS.

The Supreme Court upheld the constitutional validity of Section 144 of the Code of Criminal Procedure, 1898, stating it does not violate Article 19(1)(a) and (b) of the Constitution. The Court emphasized that the powers conferred by Section 144 are meant to secure public order and can only be exercised in emergencies by responsible Magistrates. The restrictions imposed are temporary and aimed at preventing disorder, thus falling within the permissible limits of Article 19(2) and (3). The Court concluded that the section does not confer arbitrary powers on Magistrates, and the challenge to its validity was dismissed.