SrinagarStressing supremacy of right to liberty, the Jammu and Kashmir High Court has quashed detention orders under Public Safety Act against three detainees and ordered their immediate release.
Article 22(3)(b) of the Constitution of India that permits preventive detention, is only an exception to Article 21 of the Constitution. An exception is an exception and cannot ordinarily nullify the full force of the main rule, which is the right to liberty in Article 21 of the Constitution, a single of Justice Tashi Rabstan observed.
…Whenever preventive detention is called in question in a court of law, first and foremost task before the Court is to see whether procedural safeguards guaranteed under Article 22(5) of the Constitution of India and preventive detention law pressed into service to slap the detention, are adhered to, the court said while quashing detention order under PSA of Ghulam Mustafa Lone son of Mohammad Ashraf Lone, a resident Thagund Sopore in north Kashmirs Baramulla district.
It reiterated that preventive detention was a serious invasion of personal liberty and meagre safeguards that the constitution provides against improper exercise of the power, must be zealously watched and enforced by the court.
Separately, a single bench of Justice Ramalingam Sudhakar quashed PSA detention order of Rayees Ahmad Khan son of Nissar Ahmad of Khan Mohalla Achabal, tehsil Anantnag and Lateef Ahmad Kaloo son of Ghulam Nabi Kaloo of Syed Sahib Arampora, Sopore. The detainees were represented by advocates Mian Abdul Qayoom, Wajid and Nasir Qadri.
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