GURBACHAN SINGH versus THE STATE OF BOMBAY AND ANOTHER

GURBACHAN SINGH versus THE STATE OF BOMBAY AND ANOTHER

Section 27(1) of the City of Bombay Police Act, 1902 does not violate Article 19(1)(d) of the Constitution as the restrictions imposed are reasonable, in the interest of public order, and within the purview of Article 19(5). The externment order, as modified to reflect the petitioner's choice of residence outside Greater Bombay but within the State, was validly made and implemented.

Parties
Petitioner: Gurbachan Singh; Respondent: The State of Bombay; Respondent: Another
Jurisdiction
India
Judgment Date
07 May 1952
Procedural Posture
Application Under Article 32 of the Constitution for a Writ of Mandamus / Supreme Court of India Original Jurisdiction
Outcome
Petition dismissed
Legal Topics
Externment, Reasonable Restrictions, Freedom of Movement, Procedure Under City of Bombay Police Act
Constitutional Law Administrative Law Criminal Law Externment Reasonable Restrictions Freedom of Movement Procedure Under City of Bombay Police Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Gurbachan Singh

Petitioner

The State of Bombay

Respondent

Another

Respondent

Procedural Posture

Application Under Article 32 of the Constitution for a Writ of Mandamus / Supreme Court of India Original Jurisdiction

Legal Issues

  1. 1 Whether section 27(1) of the City of Bombay Police Act, 1902 infringes the fundamental right to freedom of movement under Article 19(1)(d) of the Constitution
  2. 2 Whether the externment order was valid as per the Act
  3. 3 Whether the legislative provision is void under Article 13(1) as offending Article 19(1)(d)

Ratio Decidendi

Section 27(1) of the City of Bombay Police Act, 1902 does not violate Article 19(1)(d) of the Constitution as the restrictions imposed are reasonable, in the interest of public order, and within the purview of Article 19(5). The externment order, as modified to reflect the petitioner's choice of residence outside Greater Bombay but within the State, was validly made and implemented.

Court Disposition

Petition dismissed

Orders

  • Petition is dismissed.