Srinagar: The personal liberty of an individual is the most precious and prized right guaranteed under the Constitution, the High Court has as it quashed two detention orders under Public Safety Act.
“The law of the preventive detention could be described as a “jurisdiction of suspicion” and the compulsion of values of freedom of the democratic society and of the social order sometimes might compel a curtailment of individual’s liberty,” said a bench of Justice Sanjeev Kumar.
“The question of personal liberty of a person is sacrosanct and the State Authority cannot be permitted to take it away without following the procedure prescribed by the law, otherwise it would be violative of the fundamental rights guaranteed under Articles 21 and 22 of the Constitution,” the court said while quashed detention order passed by district magistrate Srinagar against Feroz Ahmad Khan son of Late Abdul Gani Khan of Begum Bagh, Kakpora, at present Koolipora Khanyar, Srinagar.
“ The law of the preventive detention could be described as a “jurisdiction of suspicion” and the compulsion of values of freedom of the democratic society and of the social order sometimes might compel a curtailment of individual’s liberty. Be that as it may, the personal liberty of an individual is the most precious and prized right guaranteed under the Constitution in Part III thereof,” the court said, adding, “The State has been granted the power to curb such rights under the criminal laws as also under the laws of preventive detention, which, therefore, are required to be exercised with due caution as well as upon a proper appreciation of the facts as to whether such acts are, by any means, prejudicial to the interest and the security of the State and its citizens, or seek to disturb public law and order, warranting the issuance of such an order.”
The court also quashed detention order passed by District Magistrate, Baramulla against Bilal Ahmad Bhat son of Mohammad Maqbool Bhat resident of Drusso Jageer Rafiabad Sopore. The court ordered his release forthwith, provided he is not required in any other case. The detainees were represented by advocates M. A. Qayoom and Mir Shafaqat Hussain.
