PETITIONER: KHARAK SINGH Vs. RESPONDENT: THE STATE OF U. P . & OTHERS DATE OF JUDGMENT: 18/12/1962 BENCH: AYYANGAR, N. RAJAGOPALA BENCH: AYYANGAR, N. RAJAGOPALA SINHA, BHUVNESHWAR P .(CJ) IMAM, SYED JAFFER SUBBARAO, K. SHAH, J.C. MUDHOLKAR, J.R. CITATION: 1963 AIR 1295 1964 SCR (1) 332 CITATOR INFO : F 1967 SC1836 (28,53,59,60,61,62) E 1970 SC .
10/11/2020 ÿú Case Commentary: Kharak Singh vs. State of UP 1963 AIR 1295, 1964 SCR (1) 332. By- THILOTHINEE.R.B. Introduction: The case Kharak Singh v . state of U.P deals with the article 21 and 19(1)(d). This case is all about the privacy and freedom of movement of a person as a citizen. Does this, Kharak Singh v . State of U.P . & Others, AIR 1963 SC 1295 , page 1303 para 20] [Emphasis supplied] 4. Learned Attorney General submitted that such impermissible divergence of opinion commenced with the judgment of this Court in Gobind v . State of M. P . & Another, (1975) 2 SCC 148, which formed the basis for the subsequent decision of this Court.
22/08/2019 ÿú In Kharak Singh v.State of UP , AIR 1963 SC 1295 and Gobind v . State of M. P , AIR 1975 SC 1378 cases the Court held that the right to privacy is an essential ingredient of personal liberty and right to privacy -among other rights is included in the right to liberty.. In T. Saritha Venkata Subhaiah v . State , AIR 1983 AP 356 case, a petition of restitution of conjugal right was filed by husband.
7.1 In Kharak Singh v . State of U.P . (1964) 1 SCR 332 : AIR 1963 SC 1295 : 1963 All LJ 711 the Supreme Court through its majority judgment observed/held as follows (at page 712 of All LJ):- Regulation 228 which occurs in Chap. XX of the police Regulations defines history-sheets as the personal records of criminals under surveillance.
03/07/2020 ÿú 14 15 (1996) SCC (1) 742 16 (1995) Supp 2 SCC 549 17 Kharak Singh v. State of U.P, AIR 1963 SC 1295 18 AIR 1994 SC 1349 AIR 1979 SC 1360. law. The Court took a serious note of the situation and observed that it was carrying a shame on the judicial system that permitted incarceration of men and women for such long periods of time without trials.
RF 1986 SC 847 (12) R 1987 SC 748 (15,16) RF 1991 SC 101 (239) RF 1991 SC1902 (24) Introduction Analogous law Fundamental Right, Enforcement of-Scope-Right to freedom of movement and personal liberty, whether infringed-Surveillance-Whether infringes fundamental right. Constitution of India, Arts. 19 (1) (d),21,32 U.P . Police Regulations, Regulation 236. Universal Declaration of Human Rights ...;"
