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Maneka Gandhi vs Union Of India on 25 January, 1978

21. The law is well settled after the decision of the Supreme Court in the case of Maneka Gandhi vs. Union of India reported in (1978) 1 SCC 248. In the said case it was held that the expression "personal liberty" in Article 21 must be so interpreted as to avoid overlapping between that Article and Article 19(1). The expression is of widest amplitude and it covers a variety of rights which go to constitute the personal liberty of man and some such freedom has been raised to the level of fundamental right. Therefore, while holding that to travel abroad was a fundamental protection available to a person, the Supreme Court accepted the applicability of principle of reasonableness in placing certain restriction under the due process of law including Section 10(3)(c) of the Act. Of course, it was subjected to the basic rule of law of Audi Alteram Partem. The provision under Section clause
Supreme Court of India Cites 134 - Cited by 1982 - M H Beg - Full Document
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