AHIL GUPTA Vs. STATE OF J&K

JUDGEMENT

(1.) OWP No. 424/2017

(2.) By virtue of the said order, thus, the Government had restricted the number of guests as well as number of dishes to be served in marriage function. The said order is claimed by the Government to have been issued under the provisions of The Essential Commodities Act, 1955. The Government order under challenge reads as under:-

(3.) The challenge to the order has been thrown on the grounds that the said order is illegal and unconstitutional and violates the fundamental rights of the citizens by restricting them from fundamental right of celebrating and enjoying the functions like marriages, ring ceremonies etc. and by passing the said order, there is direct interference in the personal affairs of all the citizens. The Government order impugned also does not provide that in case the order is violated, who will be the competent to take cognizance or the offence would be cognizable or bailable or non-bailable and which Court is competent to try the same.