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

Sanjeev Verma is new CEO, J&K

In Poonch, Amit Shah announces special package for Pak shelling hit victims

8 cops injured in Uri, Bla accident

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

Sanjeev Verma is new CEO, J&K
Regional

Sanjeev Verma is new CEO, J&K

May 30, 2025
In Poonch, Amit Shah announces special package for Pak shelling hit victims
Regional

In Poonch, Amit Shah announces special package for Pak shelling hit victims

May 30, 2025
3 persons killed in Kishtwar accident
Regional

8 cops injured in Uri, Bla accident

May 30, 2025
CIK raids multiple locations in Anantnag, Kulgam
Regional

CIK raids multiple locations in Kashmir

May 30, 2025
Amit Shah arrives in J&K for 2-day visit
Regional

Amit Shah arrives in J&K for 2-day visit

May 30, 2025
3 persons killed in Kishtwar accident
Regional

5 persons injured in Rajouri accident

May 29, 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 *




IGP Kashmir promotes 287 police personnel

IGP Kashmir promotes 287 police personnel

May 11, 2017
33,80,234 Domicile Certificates Issued Till Jan 25 In J&K : Govt

33,80,234 Domicile Certificates Issued Till Jan 25 In J&K : Govt

February 2, 2021

Video: As Jan 26 nears, forces start frisking in Srinagar

March 9, 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.