A.K GOPALAN VS STATE OF MADRAS
Citation:
AIR 1950 SC 27.
Bench:
Kania, Hiralal J.(Cj )
Introduction:
This was the first case where The Right of personal liberty was interpreted but in this case, the definition of The Right of Personal Liberty under Article 21 of the Indian Constitution had very narrow interpreted so the definition of Personal Liberty was reinterpreted in the Case of Maneka Gandhi Vs Union of India the narrow view of Personal Liberty of this case was overviewed.
Fact:
In this case the petitioner was detained under preventive detention Act, and this act was challenged by petitioner through a petition and the argument were made that right top personal liberty of the petitioner was infringed
Judgement:
The Court held that the Right of Personal Liberty can only be infringed in only two cases
- There must be physical restraint.
- Coercion.
And in this case non of the above scenario exists to the Right of personal liberty can not be said to be infringed.
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