Supreme Court of India · 1967-01-23
STATE OF MADHYA PRADESH & ANR. vs THAKUR BHARAT SINGH
- Citation / case number
- SC 1965/215
- Court
- Supreme Court of India
- Petitioner
- STATE OF MADHYA PRADESH & ANR.
- Respondent
- THAKUR BHARAT SINGH
- Author
- RAO, K. SUBBA (),SHAHC.,SHELATM.,BHARGAVA, VISHISHTHA,MITTER, G.K.
- Bench
- RAO, K. SUBBA (CJ),SHAH, J.C.,SHELAT, J.M.,BHARGAVA, VISHISHTHA,MITTER, G.K.
Judgment text excerpt
The Supreme Court held that Section 3(1)(b) of the Madhya Pradesh Public Security Act, 1959, imposes unreasonable restrictions on the right to reside and move freely, violating Article 19(1)(d) and (e) of the Constitution. The Court affirmed the High Court's decision that the order requiring the respondent to reside in a specified town and report to the police was invalid, as it did not provide for a hearing or consider the individual's circumstances. The Court ruled that the emergency provisions under Article 358 do not protect actions taken without lawful authority, thus the order was struck down.