Indian Kanoon - Search engine for Indian Law

We have, therefore, reached the conclusion that the order of the District Magistrate is not unconstitutional either because Section 144 is itself violative of fundamental rights recognized in Article 19 or on the ground that it is vague and places unreasonable restrictions on those fundamental rights.

The opinion expressed in the case by their Lordships, therefore, is that Section 144 Cr.P.C. does not violate Article 19 of the Constitution, and it necessarily means that such parts of the section as may have the effect of placing restrictions on the rights guaranteed under Article 19(1)(a) and (b) are respectively protected by Clauses (2)and (3) of Article 19. This being the law declared by the Supreme Court it is binding on this Court under Article 141 of the Constitution and even the first ground on which the validity of Section 144 has been challenged on behalf of the petitioners must accordingly be rejected.