KAUSHAL KISHOR Vs. STATE OF UTTAR PRADESH AND ORS.
LAWS(SC)-2017-3-95
SUPREME COURT OF INDIA
Decided on March 29,2017

KAUSHAL KISHOR Appellant
VERSUS
State of Uttar Pradesh and Ors. Respondents

JUDGEMENT

- (1.) Mr. F.S. Nariman, learned senior counsel (who was appointed as amicus curiae) being assisted by Mr. S.C. Sharma submitted that he requires some more time to think further and formulate the propositions with regard to the balancing of two preferential rights, namely, the right under Article 19(1)(a) and the right under Article 21.
(2.) Mr. Mukul Rohatgi, learned Attorney General submitted that there cannot be a criminal prosecution on the ground of decency or morality under Article 19(2). Needless to say, the question of criminal prosecution does not arise in this case.
(3.) The core issue, as is projected before us, is whether the right conferred under Article 19(1)(a) is to be controlled singularly by the language employed under Article 19(2) or also the other fundamental right, that is right under Article 21 would have any impact on it.;


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