Duties of State functionaries

Respondent/DCO postponed decision on petitioner's application for permission to hold circus shows citing deteriorating law and order and month of Ramzan

Validity

State functionaries had to act fairly and justly to ensure that no one was denied the right to earn livelihood

Under Art.199 of the Constitution, High Court was custodian of Fundamental Rights of citizens

Fundamental Rights of citizens could not be denied on account of fanciful and arbitrary ideas of State functionaries

Under Art.9 of the Constitution, protection of life of citizens was constitutional obligation of the State

Fundamental Rights of individuals could not be denied by action of executive on the pretext of security problems and law and orders

Summary/noting approved by respondent DCO was not tenable, same was set aside

Constitutional petition was accepted and respondent DCO was directed to facilitate petitioner in holding circus shows.