NITIN G KHOT Vs. STATION COMMANDANT BELGAUM

JUDGEMENT

(1.) FREEDOM of movement is a fundamental right guaranteed by Art. 19 (1) (d) of the Constitution of India. The free movement assured by clause (1) (d) of Art. 19 relates not to general rights of locomotion but refers to the right of shifting and movement from one part of the territory of the country to another without discrimination, restrictions or restrains. This right includes freedom of movement within a State as also between one State and another. The State, cannot put restrictions upon the movement of a citizen without reasonable grounds. As and when such restrictions are imposed, the same are required to be tested by the permissible limits prescribed under clause (6) of Art. 19. It has to be kept in mind that the right conferred by the aforesaid clause is a right enjoyable by a free man. The rights conferred by Art. 19 are popularly known as Civil Rights as distinguishable from legal, political and contractual rights.

(2.) SUCH a golden right enshrined in Art. 19 (1) (d) of the Constitution was alleged to have been violated by the respondent army authorities in the city of Belgaum, a peaceful and historic city located in the North-West of Karnataka. It is alleged that the army authorities have completely closed 16 roads in the city resulting in not only the inconvenience to the residents of the city but also the population living around the city who have been illegally prevented from using the roads. The 16 roads regarding which the writ petition was filed are :

(3.) THE public interest litigation initiated by public spirited persons had been resisted by the respondents on various grounds as detailed in the statement of objections filed in the case. It was submitted that no fundamental right of any citizen had been violated. The respondentss, however, had admitted the closure of the following roads :