NDLI: Gurbachan Singh Vs. The State of Bombay and Another

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1902 City of Bombay Police Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	City of Bombay Police Act, 1902 (4 of 1902)
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Petition Dismissed
Headnote	City of Bombay Police Act, 1902, s. 27 (!)-Constitution of India, Arts. 19 (1) (d), 19 (5)-Provisions relating to externment whether infringe fundamental right to freedom of movement-Validity-Externment order fixing place outside State of Bombay for residence-Legality. Section 27 (I) of the City of Bombay Police Act: 1902, docs not contravene the provisions of Art. 19 of the Constitution inasmuch as it was enacted in the interest of the general public and, having regard to the class of cases to which this sub-section .applies and the menace which an externment order passed under it is intended to avert, the restrictions that it imposes on the fundamental right of free movement of a citizen which is guaranteed by Art. 19 (!) (d) of the Constitution arc reasonable and come within the purview of Art. 19 (5). The determination of the question whether the restrictions imposed by a legislative enactment upon the fundamental rights of a citizen enumerated in Art. 19 (1) ( d) of the Constitution are reasonable or not within the meaning of clause (5) of the article :depends as much on the procedural part of the law as upon its substantial part, and the Court has got to look in each case to the circumstances under which and the manner in which the Jurisdictions have been imposed. There are two kinds of externment orders contemplated by '&Uh-section (I) of s. 27 of the City of Bombay Police Act, 1902; one, where the externment is directed from Greater :Bombay, and the other where the externee is to remove himself from the State of Bombay. In the first class of cases, the externtnent order has to specify the place where the externee is to h remove himself and it must also indicate the route by which he has to reach that place. On the other hand, where the externinent is from the State of Bombay, the externee can remain any where he likes outside the State and no place of residence can or need be mentioned.where an externment order made under s. 27(1) of the City of Bombay Police Act directed a person who resided in the City of Bombay to remove himself from Greater Bombay and to go to his native place at Amritsar, and on his representation that he did not like to go to Amritsar and might be allowed to stay at Kalyan, which was outside Greater Bombay, he was permitted to do so: Held, that in view of the subsequent request of the externee which was acceded to by the Commissioner of Police, the externment order could be construed as an order of externment from Greater Bombay to kalyan and it was therefor a valid order of externment.
Judge	Honble Mr. Justice Bijan Kumar Mukherjea
Neutral Citation	1952 INSC 29
Petitioner	Gurbachan Singh
Respondent	The State Of Bombay And Another
SCR	[1952] 1 S.C.R. 737
Judgement Date	1952-05-07
Case Number	76

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