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1963 Supreme(MP) 124

N.M.GOLVALKER, P.V.DIXIT
THAKUR BHARATSINGH – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
R.J.BHAVE, Y.S.DHARMADHIKARI

P. V. DIXIT, C. J.

( 1 ) THIS order will also govern the disposal of Letters Patent Appeal No. 28 of 1963.

( 2 ) THE appellant Bharatsingh filed a petition under Article 226 of the Constitution challenging the validity of an order passed by the State Government on 24th April 1963 under Section 3 of the Madhya Pradesh Public Security Act, 1959 (hereinafter referred to as the Act) prohibiting him from remaining in any place in raipur district, directing him to reside within the municipal limits of Jhabua town, district Jhabua, Madhya Pradesh, and to proceed there immediately, and asking him to notify his movements and report himself personally every day at 8 a. m. and 8 p. m. to the Police Station Officer, Jhabua. In that petition, Bharatsingh made a prayer for the issue of a writ of certiorari for quashing the aforesaid order. The petition was heard and disposed of during the last summer vacation by Shiv Dayal 1. He held that Section 3 (1) (a) of the Act was valid but Clauses (b) and (c) of that section were repugnant to Article 19 (1) (d) of the Constitution and were, therefore, void. Accordingly, the order made by the State Government on 24th April 1963 in so far as it directed th































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