JUDGMENT :

Gita Mittal, J.

1. By way of the instant petition filed under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir, a challenge is laid by Mr Suhail Rashid Bhat, an advocate practicing in this Court and a permanent resident of Jammu & Kashmir State, to the constitutionality of the Jammu & Kashmir Prevention of Beggary Act, 1960 (hereafter called the ‘Jammu & Kashmir Act, 1960’), and the Jammu & Kashmir Prevention of Beggary Rules, 1964, (hereafter referred to as the ‘Rules, 1964’, for brevity) made in exercise of powers under Section 9 of the Act.

2. The writ petition seeks the following prayers:

“1. Issue an appropriate writ declaring the J&K Prevention of Begging Act, 1960, unconstitutional and violative of Articles 14, 15, 20 and 21 of the Constitution.

2. Issue an appropriate writ declaring the rules (Jammu & Kashmir Prevention of Beggary Rules, 1964) made under section 9 of the act declare the J&K Prevention of Begging Act, 1970, unconstitutional.

3. Issue a writ of certiorari quashing or setting aside the order dated 23.05.2018 passed by the District Magistrate, Srinagar banning begging in Srinagar.”

3. The petitioner thus challenges the constitutionality of the enactment on the ground that it violates Articles 14, 19, 20, 21 and 22 of the Constitution of India. A further challenge is laid on the same grounds to an order dated 23rd May, 2016 issued by the District Magistrate, Srinagar, whereby the District Magistrate banned begging in Srinagar for the reason that Srinagar was the summer capital of the State and a tourist destination and directions were issued to the police officials to arrest beggars in the Srinagar city.

Headings

4. We propose to consider the several propositions placed by the parties in seriatim. For expediency, we set down hereunder the headings under which we have considered the challenge:-