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january 1967

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.

STATE OF MADHYA PRADESH & ANR. vs THAKUR BHARAT SINGH · Niyam