STATE OF MADHYA PRADESH Vs. THAKUR BHARAT SINGH

JUDGEMENT

(1.) On April 24, 1963, the State of Madhya Pradesh made an order in exercise of powers conferred by S. 3 of the Madhya Pradesh Public Security Act, 1959 - hereinafter called 'the Act' - directing the respondent Thakur Bharat Singh-

(2.) The relevant provisions of the Act may be briefly set out. Section 3 of the Act provides:

(3.) By Cl. (ii) of the order the respondent was required to reside within the municipal limits of Jhabua town after proceeding to that place on receipt of the order. Under Cl. (b) of S. 3 (1) the State is authorised to order a person to reside in the place where he is ordinarily residing and also to require him to go to any other area or place within the State and stay in that area or place. If the person so ordered fails to carry out the direction. he may be removed to the area or place designated and may also be punished with imprisonment for a term which may extend to one year, or with fine, or with both. The Act it may be noticed does not give any opportunity to the person concerned of being heard before the place where he is to reside or remain in is selected. The place selected may be one in which the person concerned may have no residential accommodation, and no means of subsistence. It may not be possible for the person concerned to honestly secure the means of subsistence in the place selected. Section 3 (1) (b) of the Act does not indicate the extent of the place or the area, its distance from the residence of the person extended and whether it may be habitated or inhabitated: the clause also nowhere provides that the person directed to be removed shall be provided with any residence, maintenance or means of livelihood in the place selected. In the circumstances we agree with the High Court that Cl. (b) authorised the imposition of unreasonable restrictions insofar as it required any persons to reside or remain in such place or within such area in Madhya Pradesh as may be specified in the order.