Judgement

SHAH, J. : On April 24, 1963, the State of Madhya Pradesh made an order in exercise of powers conferred by S. 3 of the Madhya Pradesh Public Security Act, 1959 - hereinafter called the Act - directing the respondent Thakur Bharat Singh-

"(i) that he shall not be in any place in the Raipur district;

(ii) that he shall reside in the municipal limits of Jhabua town, district Jhabua, Madhya Pradesh, and shall proceed there immediately on the receipt of this order; and

(iii) that he shall notify his movements and report himself personally every day at 8 a. m. and 8 p.m. to the Police Station Officer, Jhabua."

The respondent moved a petition in the High Court of Madhya Pradesh under Articles 226 and 227 of the Constitution challenging the order on the grounds, inter alia, that Ss. 3 and 6 and other provisions of the Act which authorised imposition of restrictions on movements and actions of persons were ultra vires in that they infringed the fundamental freedom guaranteed under Art. 19 (1) (d) and (e) of the Constitution of India and that the order was "discriminatory, illegal and violated principles of natural justice". Shivdayal, J., declared Cl. (i) of the order valid, and decl