The INS News
No Result
View All Result
  • Home
  • News
    • Regional
    • Srinagar
    • Jammu
    • National
    • World
  • Business & Economy
  • Multimedia
    • Photo Gallery
    • Video Gallery
  • Health
  • Jobs & Careers
  • Press Releases
  • Blog
  • Home
  • News
    • Regional
    • Srinagar
    • Jammu
    • National
    • World
  • Business & Economy
  • Multimedia
    • Photo Gallery
    • Video Gallery
  • Health
  • Jobs & Careers
  • Press Releases
  • Blog
No Result
View All Result
The INS News
No Result
View All Result
Home News Regional

Constitutional safeguards in preventive detention must be respected: HC 

INS Correspondent by INS Correspondent
October 5, 2017
A A
Accused can’t be punished on moral conviction or suspicion: HC 
Share on FacebookShare on TwitterWhatsappTelegramEmail

RELATED POSTS

15-day summer break from June 23: Govt

ACB arrests Tehsildar, his tout for demanding bribe in Kupwara

No option but to go to SC if statehood is delayed: Dr Farooq

Srinagar: For justifying preventive detention, the authorities must respect the safeguards provided by constitution, the Jammu and Kashmir High Court has said while quashing a detention order under Public Safety Act against a person from Baramulla.
“Preventive laws have the effect of depriving a person of his liberty which is precious, however, deprivation thereof at times becomes indispensable. For justifying such deprivation, the safeguards as are provided by law are also required to be respected,” a single bench of Justice Mohammad Yaqoob Mir said.
“A person who dares to threaten maintenance of public order has to be dealt with iron hand but the Constitutional safeguards as are available are also to be followed. The Article 21 of the constitution of India has protected the life and personal liberty of people by providing that no person shall be deprived of his life or personal liberty except according to the procedure established by law,” the court added.
The court said the word established has been used in Article 21 to denote and ensure that the procedure prescribed by law must be defined with certainty so that those deprived of their fundamental right to life or liberty must know the precise extent of such deprivation.
“If a person is to be deprived of his life or liberty, the  authority concerned is under a constitutional mandate to follow the procedure established by law, the procedure prescribed for depriving a person of his life or liberty has to be reasonable, fair and just. The protection contained in the article does not extend to only citizens but to all persons,” the court said, adding, “The law providing for preventive detention has to be strictly construed keeping in view the delicate balance between social security and citizen freedom. Thus if the preventive detention has not been ordered in strict conformity with law authorizing detention, the detenue is entitled to be released.”
Consequently, the court quashed the detention order PSA against Khawaja Irshad Ahmad Shah lodged in Central Jail, Kotbhalwal Jammu. He has been in preventive custody for more than five months. ”Further custody of (Shah) shall be regulated by the orders as shall be passed by the court of competent jurisdiction relatable to the cases registered against him,” the court added.
Buy JNews
ADVERTISEMENT
Previous Post

Amendment in Edu Rules 2010: This should have been done, says HC 

Next Post

Braid chopping in Khwaja bagh Baramulla

INS Correspondent

INS Correspondent

Related Posts

DSEJ orders summer vacation from June 01 to July 16
Regional

15-day summer break from June 23: Govt

June 21, 2025
ACB files cases against 2 Jammu cops
Regional

ACB arrests Tehsildar, his tout for demanding bribe in Kupwara

June 21, 2025
Dr Farooq says will contest J&K assembly polls
Regional

No option but to go to SC if statehood is delayed: Dr Farooq

June 21, 2025
DIG Sharma visits annual mela at Baba Bhudan Shah Ji Ziarat
Regional

DIG Sharma visits annual mela at Baba Bhudan Shah Ji Ziarat

June 21, 2025
Woman falls off ridge in Poonch, dies
Regional

PDD daily wager dies after fall from electric pole in Achabal

June 21, 2025
Heat wave: SED advises schools to avoid assemblies in afternoon
Regional

At 23.2°C, Sgr records 4th all-time highest night temp in 134 years

June 21, 2025
Next Post
Braid chopping in Bandipora

Braid chopping in Khwaja bagh Baramulla

Aug 1, 1990: When 12 civilians including 2 cops fall prey to bullets

Wife allegedly beaten to death in Ganderbal

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *




Militant arrested in Baramulla

Youth arrested in Dialgam while putting oxygen mask on mother, locals

April 6, 2018
Update: Hizb divisional commander among 2 militants killed in Sopore says Police

Fidayeen Squad lead by Pakistan Commando? IGP says ‘No credibility in reports’

September 5, 2017
Pulwama youth succumbed to injuries

Another soldier kills himself, now in Warnaw Lolab

March 8, 2018

About

Indian News Service (INS) is the first registered online news portal from the state of Jammu & Kashmir. Our creative team consists of like-minded and socially concerned team of media professionals who carry decades of experience in their field of profession at their back. Our core values have pillars in honesty, empathy, credibility, equality and integrity.

More

© 2022 INS News - Designed by GITS.

No Result
View All Result
  • Home
  • News
    • Regional
    • Srinagar
    • Jammu
    • National
    • World
  • Business & Economy
  • Multimedia
    • Photo Gallery
    • Video Gallery
  • Health
  • Jobs & Careers
  • Press Releases
  • Blog

© 2022 INS News - Designed by GITS.