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september 1972

Supreme Court of India · 1972-09-15

HIMAT LAL K. SHAH vs COMMISSIONER OF POLICE, AHMEDABAD & ANR.

Citation / case number
SC 1970/60035
Court
Supreme Court of India
Petitioner
HIMAT LAL K. SHAH
Respondent
COMMISSIONER OF POLICE, AHMEDABAD & ANR.
Bench
SIKRI, S.M. (CJ),RAY, A.N.,REDDY, P. JAGANMOHAN,MATHEW, KUTTYIL KURIEN,BEG, M. HAMEEDULLAH

Judgment text excerpt

The Supreme Court held that the rules framed under Section 33(1)(O) of the Bombay Police Act, 1951, requiring prior permission for holding public meetings, are not ultra vires the section. The Court clarified that while the right to assemble is protected under Article 19(1)(b), it is subject to reasonable restrictions, including the requirement of prior permission to ensure public order. The Court found that the rules do not violate the fundamental rights guaranteed under Articles 19(1)(a) and (b) of the Constitution, as they merely regulate the conduct of assemblies rather than prohibit them.

HIMAT LAL K. SHAH vs COMMISSIONER OF POLICE, AHMEDABAD & ANR. · Niyam