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.