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

Cross-Border Shelling: LG, Dy CM pay tributes to martyred BSF, JKAS officers

OperationSindoor: Terrorists Who Wiped ‘Sindoor from Foreheads’ of Families Brought to Justice, says Rajnath

SIA busts sleeper cell modules, raids at 20 locations across South Kashmir

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

Cross-Border Shelling: LG, Dy CM pay tributes to martyred BSF, JKAS officers
Regional

Cross-Border Shelling: LG, Dy CM pay tributes to martyred BSF, JKAS officers

May 11, 2025
Soldiers committed to eliminate scourge of terrorism: Rajnath after 4 Army jawans killed in Doda
Regional

OperationSindoor: Terrorists Who Wiped ‘Sindoor from Foreheads’ of Families Brought to Justice, says Rajnath

May 11, 2025
SIA raids multiple locations in South Kashmir
Regional

SIA busts sleeper cell modules, raids at 20 locations across South Kashmir

May 11, 2025
PM Modi chairs high-level meeting
Regional

PM Modi chairs high-level meeting

May 10, 2025
CM Omar inaugurates Raabta: Transforming Citizen-Government Interface
Regional

CM announces Rs 10 lakh ex-gratia relief for families of deceased

May 10, 2025
Snowfall: All flights operations cancelled at Sgr Airport
Regional

All chartered Haj flights cancelled till May 14

May 10, 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 *




Shopian: Bullet riddled bodies of three abducted cops found

September 21, 2018
Lower Tax Incidence on Entertainment Services under GST Tax

All Party Meeting: Broader consensus emerges on extension of GST regime to JK

June 13, 2017
Rains, snow expected from Monday in J&K: MeT

Light rains bring respite from scorching heat in Kashmir

May 10, 2024

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.