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1 - 10 of 13 (0.52 seconds)Article 14 in Constitution of India [Constitution]
Article 22 in Constitution of India [Constitution]
The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974
Article 32 in Constitution of India [Constitution]
Article 19 in Constitution of India [Constitution]
Article 5 in Constitution of India [Constitution]
Article 7 in Constitution of India [Constitution]
Section 3 in The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 [Entire Act]
D. Bhuvan Mohan Patnaik & Ors vs State Of Andhra Pradesh & Ors on 9 September, 1974
The question which then arises is whether a person
preventively detained in a prison has any rights which he
can enforce in a Court
525
of law. Once his freedom is curtailed by incarceration in a
jail, does he have any fundamental rights at all or does he
leave them behind, when he enters the prison gate ? The
answer to this question is no longer res integra. It has
been held by this Court in the two Sunil Batra cases that
"fundamental rights do not flee the person as he enters the
prison although they may suffer shrinkage necessitated by
incarceration." The prisoner or detenu has all the
fundamental rights and other legal rights available to a
free person, save those which are incapable of enjoyment by
reason of incarceration. Even before the two Sunil Batra
cases, this position was impliedly accepted in State of
Maharashtra v. Prabhakar Sanzgiri and it was spelt-out
clearly and in no uncertain terms by Chandrachud, J. as he
then was, in D. B. Patnaik v. State of Andhra Pradesh :