MADHU LIMAYE vs SUB-DIVISIONAL MAGISTRATE, MONGHYR & ORS.

The Supreme Court held that Section 144 of the Code of Criminal Procedure, 1898, and Chapter VIII do not violate Article 19 of the Constitution, as the restrictions on freedoms are permissible in the interest of public order. The Court clarified that Article 19(2) has been in force since January 26, 1950, and the burden of proof lies on the individual challenging the law's constitutionality. The Court distinguished between preventive detention and actions under Section 144, emphasizing that the latter is a judicial power exercised in urgent situations to prevent harm, which can withstand judicial scrutiny.