STATE OF BIHAR versus K. K. MISRA & ORS.

STATE OF BIHAR versus K. K. MISRA & ORS.

Section 144(6) of the Code of Criminal Procedure, by conferring an unreviewable executive power to continue orders restricting fundamental freedoms without adequate procedural safeguards, violates Articles 19(1)(b), (c), and (d) of the Constitution; such restriction is neither reasonable nor justifiable under Articles 19(3), (4), or (5).

Parties
Appellant: State of Bihar; Respondents: K. K. Misra & Ors.
Jurisdiction
India
Judgment Date
29 October 1969
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of the Patna High Court in Misc. Judicial Case No. 757 of 1961, Decided January 22, 1962
Outcome
Appeal Dismissed
Legal Topics
Validity of Section 144(6) Cr PC, Fundamental Rights – Article 19 Constitution, Reasonableness of Restrictions, Separation of Powers (executive/judiciary)
Constitutional Law Criminal Procedure Validity of Section 144(6) Cr PC Fundamental Rights – Article 19 Constitution Reasonableness of Restrictions Separation of Powers (executive/judiciary)

Case Brief

Summary, issues, holding and outcome

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Parties

State of Bihar

Appellant

K. K. Misra & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of the Patna High Court in Misc. Judicial Case No. 757 of 1961, Decided January 22, 1962

Legal Issues

  1. 1 Whether sub-section (6) of section 144 of the Code of Criminal Procedure, 1898 violates sub-clauses (b), (c), and (d) of clause (1) of Article 19 of the Constitution of India

Ratio Decidendi

Section 144(6) of the Code of Criminal Procedure, by conferring an unreviewable executive power to continue orders restricting fundamental freedoms without adequate procedural safeguards, violates Articles 19(1)(b), (c), and (d) of the Constitution; such restriction is neither reasonable nor justifiable under Articles 19(3), (4), or (5).

Court Disposition

Appeal Dismissed

Orders

  • In accordance with the opinion of the majority, the appeal is dismissed.