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1950 Supreme(Bom) 38

CHAGLA, BAVDEKAR, SHAH
Jeshingbhai Ishwarlal – Appellant
Versus
. – Respondent


Advocates:
Purushottam Tricumdas and V.N. Chhatrapati - for Applicant. C.K. Daphtary, Advocate-General and B.G. Thakor, Addl. Asst. Govt. Pleader - for the Crown.

Judgement

CHAGLA, C.J.- This is a petition by the petitioner against whom an order was served by the District Magisterial, Ahmedabad, on 12th December 1949 to the effect that he should not be in any area in the district of Ahmedabad except with the permission of the District Magistrate, Ahmedabad. This order is mainly challenged on the ground that it is in violation of a fundamental right guaranteed to the citizen under Art. 19(1), Sub-cl. (d) and (e). Those two Sub-clauses of Art. 19(1) provide that all citizens shall have the right to move freely throughout the territory of India and to reside and settle in any part of the territory of India and the contention of the petitioner is that to the extent that he is not permitted to be in the district of Ahmedabad his movement throughout the territory of India is restricted and his right to reside and settle in any part of the territory of India is also restricted and the contention is that these restrictions are in violation of the fundamental rights guaranteed to the citizen and thus the restrictions are bad The order is justified on the ground that it has been issued under S. 2(1), Bombay Public Seen its Measures Act Bombay VI (6) of





























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