BHARAT SINGH Vs. STATE

JUDGEMENT

(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 valid by of an order passed by the State Government on 24th April 1963 under Sec. 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 J. He held that Sec. 3 (1) (a) of the Act was valid but clauses (b) and (c) of that Sec. 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 the appellant -Bharatsingh to reside in Jhabua and to proceed there immediately and to notify his movements and to report himself personally there at the Police -Station was quashed by the learned Single Judge. The order was upheld in so far as it prohibited the appellant from remaining in Raipur district. It is against this decision of the learned Single Judge that Bharatsingh has filed Letters Patent appeal (No. 25 of 1963) contending that clause (a) of Sec. 3 (1) of the Act is also repugnant to article 19 (1) (d) of the Constitution and consequently the order made by the State Government asking him not to be in Raipur district is illegal. The State of Madhya Pradesh has also filed Letters Patent appeal (No. 28 of 1963) contending that the derision of the learned Single Judge that clauses (b) and (c) were void and erroenus and that the said clauses be declared to be valid and the entire order passed by the State Government be held to be legal.

(3.) Before dealing with the contention advanced on behalf of the parties, it is necessary to refer to the material provisions of the Act. Sec. 3 (1) of the Act so far as it is material here, is as follows -