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2014 Supreme(Del) 478

N.V.RAMANA, RAJIV SAHAI ENDLAW
Court On Its Own Motion – Appellant
Versus
Union of India – Respondent


Advocate Appeared:
For the Respondents:Rajeeve Mehra, ASG with Sumeet Pushkarna, Sara Sundaram, Advs. along with Suresh Kumar, J.S., MHA, Damyanti, J.S., DONER, Min. of Dev. of NE Region. Siddharth Luthra, ASG with Dayan Krishnan, Standing Counsel (Crl.) for Govt of NCT of Delhi along with P. Karunakaran, DCP, South East Delhi, Robin Hibu, Joint C.P. P.K. Sharma, Adv. with Jaideep Tandon, Adv. for CBI. Zubeda Begum, Standing Counsel (Civil) with Sana Ansari, Adv. for Govt. of NCT of Delhi. Mehmood Pracha, Standing Counsel for AIIMS. Upamanyu Hazarika, Sr. Adv. with Dharitry Phookar, Paul Roy Paske, Liyi Marli Noshi, C.P. Nautiyal, Advocates.

Judgment :

1. This Court has suo moto taken up this issue and is spending considerable judicial time thereon as the recent incidents, in our view, are indicative of a disturbing trend, which threatens the integrity of the country, of intolerance to movement of people within the country when The Constitution of India, in Article 19(1)(d)&(e) recognises and confers on all citizens the right to move freely throughout the territory of India and to reside and settle in any part of the territory of India and Article 301 thereof provides that trade, commerce and intercourse throughout territory of India shall be free. No native of any State of India can be allowed to, by harassing, offending and by other criminal acts, prevent people from another State to settle and carry on any business or vocation therein. Today, when the boundaries between countries and restrictions on movement internationally are disappearing, it is unfortunate that a small cross section of society is attempting to put up barriers to movement within the country. The Constitution of India does not provide for, India as a confederation of States, broken up into fragments by narrow domestic walls but as a Union of States.





























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