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december 1962

Supreme Court of India · 1962-12-18

KHARAK SINGH vs THE STATE OF U. P. & OTHERS

Citation / case number
SC 1961/251
Court
Supreme Court of India
Petitioner
KHARAK SINGH
Respondent
THE STATE OF U. P. & OTHERS
Bench
AYYANGAR, N. RAJAGOPALA

Judgment text excerpt

The Supreme Court held that domiciliary visits as defined in Regulation 236 of the U.P. Police Regulations violate Article 21 of the Constitution, which guarantees the right to personal liberty. The Court found that while certain forms of surveillance do not infringe on fundamental rights, domiciliary visits are unconstitutional as they lack legal justification. Consequently, the petitioner was granted a writ of mandamus to prevent such visits, while other surveillance methods were upheld as reasonable restrictions under Article 19(1)(d).

KHARAK SINGH vs THE STATE OF U. P. & OTHERS · Niyam