SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1998 Supreme(Kar) 48

R.P.SETHI, A.M.FAROOQ
NITIN G. KHOT – Appellant
Versus
STATION COMMANDANT, BELGAUM – Respondent


Advocates:
A.V.REDDY, ASHOK HARANAHAFLI, K.ANANTH KRISHNA RAO, NITIN G.KHOT

R. P. SETHI, J.

( 1 ) FREEDOM of movement is a fundamental right guaranteed by Art. 19 (1) (d) of the Constitution of India. The free movement assured by clause (1) (d) of Art. 19 relates not to general rights of locomotion but refers to the right of shifting and movement from one part of the territory of the country to another without discrimination, restrictions or restrains. This right includes freedom of movement within a State as also between one State and another. The State, cannot put restrictions upon the movement of a citizen without reasonable grounds. As and when such restrictions are imposed, the same are required to be tested by the permissible limits prescribed under clause (6) of Art. 19. It has to be kept in mind that the right conferred by the aforesaid clause is a right enjoyable by a free man. The rights conferred by Art. 19 are popularly known as Civil Rights as distinguishable from legal, political and contractual rights.

( 2 ) SUCH a golden right enshrined in Art. 19 (1) (d) of the Constitution was alleged to have been violated by the respondent army authorities in the city of Belgaum, a peaceful and historic city located in the North-West of Karnataka. It is


















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top