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Madhu Limaye vs Sub-Divisional Magistrate, Monghyr & ... on 28 October, 1970

such other details of the petitioners and the number of the crimes in which they are allegedly involved. The substance of the information received by the Sub Divisional Magistrate which gives rise to the apprehension regarding the imminent breach of peace and disturbance of public tranquility are not stated in any of these orders as held in paragraph 35 of the Constitution Bench decision in the case Madhu Limaye and another v. Sub Divisional Magistrate, Monghyr & others reported in AIR 1971 SC 2486, the aspect whether the provisions are destructive of freedom of the individual guaranteed by Art. 19(1)(a)(b)(c) and (d) which have been under clause (2) to (5) of that Article is a very important aspect. In order to ensure full adherence to the fundamental right conferred in Part-III of the Constitution of India, there has to be full compliance of the procedure given in the statute and there cannot be any departure from the procedure to any substantial extent and this is very salutary because liberty of the person is involved and as held by the Constitution Bench of the Supreme Court that the law is rightly solicitous, that this liberty should only be curtailed according to prescribed ::23::
Supreme Court of India Cites 36 - Cited by 292 - M Hidayatullah - Full Document
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