The State of West Bengal v. Ashok Dey AIR 1972 SC 1660

The Constitutional validity of the West Bengal Preventive Detention Act was challenged as being the fundamental rights of the citizen under Art 19 of the Constitution. The Supreme Court held that Art 22 merely invests the Parliament with an overriding power enabling it to make a law, providing for preventive detention prescribing the circumstances under which a person may be detained for a period longer than three months without obtaining the opinion of the Advisory Board and also prescribing the maximum period for which the person may be detained. The restrictions imposed by the Act on the fundamental rights of the citizen to move freely throughout the territory of India, under Art 19, are in the interests of the general public and are covered by the exceptions to the Art 19.

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