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1976 Supreme(Cal) 234

SABYASACHI MUKHARJEE
CHINTA HARAN DUTTA – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
B.GUPTA, S.C.Ukil, S.CHATTERJEE, S.PAL

SABYASACHI MUKHARJI, J.

( 1 ) THIS is an application by one Chinta Haran Dutta who is the honorary general secretary of the Calcutta Police Association. In this application, the petitioner on behalf of the said association challenges the enforcement of the Police Forces (Restriction of Rights) Act, 1966 and the rules framed thereunder which have been made applicable to the State of West Bengal from 1st November, 1970 by the notification dated 22nd October. 1970 and by the directions dated 22nd October, 1970, The petitioner contends that the said association was recognised long ago and by the impugned Act and the notification being made enforceable in West Bengal rights under Art 14 and Article 19 of the Constitution have been violated. Rights of the members of the armed forces or of the forces charged with the maintenance of public order can, however, be restricted or abrogated so as to ensure proper discharge of their duties and maintenance of discipline among them by any Act passed by the Parliament pursuant to Article 33 of the Constitution. Therefore, by virtue of Article 33 of the Constitution the rights of those who are charged with the maintenance of public order can be abr





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