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KHARAK SINGH vs. THE STATE OF U. P. & OTHERS

SCR Citation: [1964] 1 S.C.R. 332
Year/Volume: 1964/ Volume 1
Date of Judgment: 18 December 1962
Petitioner: KHARAK SINGH
Disposal Nature: Petition Partly Allowed
Neutral Citation: 1962 INSC 389
Judgment Delivered by: Hon'ble Mr. Justice K. Subba Rao,Hon'ble Mr. Justice J.C. Shah,Hon'ble Mr. Justice N. Rajagopala Ayyangar
Respondent: THE STATE OF U. P. & OTHERS
Case Type: WRIT PETITION(CRIMINAL) /356/1961
Order/Judgment: Judgment
1. Headnote

Fundamental Right, Enforcement of - Scope - Right to freedom of movement and personal liberty, whether infringed - Surveillance - Whether infringes any fundamental right- Constitution of India, Arts. 19 (1) (d), 21, 32 - U.P Police Regulations, Regulation 236.

The petitioner was Challenged in a dacoity case but was released as there was no evidence against him. The police opened a history sheet against him. He was put under surveillance . as defined in Regulation 236 of the U. P. Police Regulations. Surveillance involves secret picketing of the house or approaches to the houses of the suspects, domiciliary visits at night,periodical enquiries by officers not below the rank of Sub-Inspector into repute, habits, association, income, expenses and occupation, the reporting by constables and chaukidars of movements and absences from home, the verification of movements and ·absences by means of inquiry slips and the collection and record on a history sheet of all information on bearing on conduct.

The petitioner filed a writ ·petition under Art. 32 in . which he challenged the constitutional validity of Chapter XX of U.P Police Regulations, in. which Regulation 236 also occurs. 

The defence of the respondent was that the impugned Regulations did not constitute an infringement of any of the freedoms guaranteed by Part III of the· Constitution, and even if they were, they had been framed in the interests of the General public and public order and to enable the police to discharge its duty in a more efficient manner, and hence were reasonable restrictions on that freedom.

2. Case referred
3. Act
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4. Keyword
  • U. P. Police Regulations