1950 (5) TMI 30 - SC - Indian Laws

Summary

Issues Involved:
1. Validity of the East Punjab Public Safety Act, 1949, under Article 19(1)(d) of the Constitution of India.
2. Reasonableness of restrictions imposed by the Act.
3. Procedural safeguards in the Act.
4. Grounds of externment order.

Detailed Analysis:

1. Validity of the East Punjab Public Safety Act, 1949, under Article 19(1)(d) of the Constitution of India:

The petitioner challenged the validity of the East Punjab Public Safety Act, 1949, arguing that it infringed upon his fundamental right under Article 19(1)(d) of the Constitution, which guarantees the right to move freely throughout the territory of India. The petitioner contended that the Act's provisions were unconstitutional as they imposed unreasonable restrictions on this right.

2. Reasonableness of restrictions imposed by the Act:

The Court examined Article 19(1)(d) read with clause (5) of the same article, which permits reasonable restrictions on the exercise of the right in the interests of the general public. The Court considered whether the restrictions imposed by the Act were reasonable. The Court noted that the reasonableness of the restrictions must be assessed not only in terms of the extent and nature of the restrictions but also the conditions under which the right is restricted. The Court held that the law providing reasonable restrictions may contain both substantive and procedural provisions, and the reasonableness of both must be considered.

3. Procedural safeguards in the Act:

The petitioner argued that the Act did not provide sufficient procedural safeguards, such as the right to be informed of the grounds for the externment order and the right to make a representation. The Court noted that Section 4(6) of the Act provided that the grounds for the order "may" be communicated to the externee, and if the order was to be enforced for more than three months, the externee had the right to make a representation to an advisory tribunal. The Court interpreted the word "may" in this context to mean "shall," thereby ensuring that the externee must be informed of the grounds for the order when it is to be enforced for more than three months.

4. Grounds of externment order:

The petitioner contended that the grounds for the externment order served on him were vague, insufficient, and incomplete. The Court examined the grounds provided in the order, which stated that the petitioner's activities were of a communal nature, tending to excite hatred between communities, and were likely to prove prejudicial to the maintenance of law and order in Delhi. The Court held that these grounds were specific and, if honestly believed, could support the order. The Court rejected the petitioner's argument that the order was served to stifle political opposition to the government's policy.

Separate Judgments:

- H.J. Kania, C.J.: Concluded that the restrictions imposed by the Act were reasonable and that the procedural safeguards provided were adequate. The petition was dismissed.
- Saiyid Fazl Ali, J.: Agreed with the judgment and dismissed the petition.
- M. Patanjali Sastri, J.: Agreed with the judgment and dismissed the petition but reserved the right to express an opinion on the scope of judicial review under Article 19(5) in future cases.
- M.C. Mahajan, J.: Concurred with B.K. Mukherjea, J., and allowed the petition, quashing the externment order.
- B.K. Mukherjea, J.: Held that certain provisions of the Act were unreasonable and void under Article 13(1) of the Constitution. Allowed the petition and quashed the externment order.

Conclusion:

The majority of the Court held that the East Punjab Public Safety Act, 1949, imposed reasonable restrictions on the right to move freely and provided adequate procedural safeguards. The petition was dismissed. However, a minority opinion held that certain provisions of the Act were unreasonable and void, and the externment order was quashed.