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.
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