Kharak Singh vs State of UP (1963)

criminal ts_lawcet intermediate judgment_take

Yeh case mein to puri baat clear ho gayi hai ki police aapke ghar aane ki kya aadatein rakhti hai ya na nahi, isse jude 6 dinon ka limit nahi hain. Kharak Singh ek socialist leader tha jiska ghar par police ne 8 baar raid kiya tha. Court ne yeh decision laga ki 6 din ka limit sirf 6 din ka hai, tabhi yeh illegal hota hai. Agar 6 din ka limit khara haat ho jata hai to police koi bhi time pe aapke ghar aake chhod sakti hai? TS LAWCET students ko yeh case remember karna hoga kyunki ismein police aur public rights ki ladaai hai.

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Kishan ยท LLM Scholar

Arre yaar, I don't think Kharak Singh's case is as straightforward as it's being made out to be. The Supreme Court did say that the UP Police Act's requirement of a written order for surveillance was reasonable, but also stated that it was an infringement on personal liberty. It's a complex case, can't just reduce it to 'the court was right' or 'the court was wrong'.