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Showing contexts for: devendra jain in Devendra Jain vs State Of Rajasthan And Anr. on 6 December, 2001Matching Fragments
1. Instant writ petitions have been filed challenging the vires of Sections 3, 4,5 6 and 9 of the Rajasthan Control of Goondas Act 1975 (for short the Act). Ancillary reliefs seeking quashing of the orders of the courts below have also been sought.
2. The Additional District Magistrate Kota under Section 3 of the Act ordered for externment for a period of six months of the petitioners Devendra Jain from Kota to Sawai Madhopur and Satya Narain @ Sattu from Kota to Bundi.
3. We have heard the rival submissions and scanned are relevant statutory provisions.
16. For the foregoing reasons we hold that Sub-section (3) of Section 3 of the Act is ultravires being violative of Article 19(1)(d) and (e) and Article 21 of the Constitution of India. We therefore, strike down Sub-section (3) of Section 3 of the Act.
17. As a consequence of striking down Sub-section (3) of Section 3 of the Act, the impugned orders of externment of the petitioners Devendra Jain from Kota to Sawai Madhopur and Satya Narain @ Sattu from Kota to Bundl shall stand set aside.