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Justice Tashi Rabstan, though dismissed the petition challenging the preventive detention of Mohammad Hussain, referred to various Supreme Court judgments highlighting the importance of personal liberty.
The Jammu bench of the High Court in this judgment delivered on Friday makes multiple references to the observations made by the Supreme Court in Secretary to Government, Public (Law and Order-F) and another v. Nabila.

The High Court quotes the following observations from Supreme Court judgment in Nabila:

Personal liberty is one of the most cherished freedoms, perhaps more important than the other freedoms guaranteed under the Constitution. It was for this reason that the Founding Fathers enacted the safeguards in Article 22 in the Constitution so as to limit the power of the State to detain a person without trial, which may otherwise pass the test of Article 21, by humanising the harsh authority over individual liberty. In a democracy governed by the rule of law, the drastic power to detain a person without trial for security of the State or maintenance of public order must be strictly construed. However, where individual liberty comes into conflict with an interest of the security of the State or public order, then the liberty of the individual must give way to the larger interest of the nation.

#mylegalaid #highcourt #supremecourt #lawyers #life #advocate #aid #help #thehindu #timesofindia #indianexpress #livelaw #lawsofindia #upsc #mpsc #gk #lawupdates #news #legalnews #vakil #ias #ips #constitution #revnue #protection #civilcourt #petition #collector #districtcourt #lawgicallyspeaking Justice Tashi Rabstan, though dismissed the petition challenging the preventive detention of Mohammad Hussain, referred to various Supreme Court judgments highlighting the importance of personal liberty. The Jammu bench of the High Court in this judgment delivered on Friday makes multiple references to the observations made by the Supreme Court in Secretary to Government, Public (Law and Order-F) and another v. Nabila. The High Court quotes the following observations from Supreme Court judgment in Nabila: Personal liberty is one of the most cherished freedoms, perhaps more important than the other freedoms guaranteed under the Constitution. It was for this reason that the Founding Fathers enacted the safeguards in Article 22 in the Constitution so as to limit the power of the State to detain a person without trial, which may otherwise pass the test of Article 21, by humanising the harsh authority over individual liberty. In a democracy governed by the rule of law, the drastic power to detain a person without trial for security of the State or maintenance of public order must be strictly construed. However, where individual liberty comes into conflict with an interest of the security of the State or public order, then the liberty of the individual must give way to the larger interest of the nation. #mylegalaid #highcourt #supremecourt #lawyers #life #advocate #aid #help #thehindu #timesofindia #indianexpress #livelaw #lawsofindia #upsc #mpsc #gk #lawupdates #news #legalnews #vakil #ias #ips #constitution #revnue #protection #civilcourt #petition #collector #districtcourt
  • #lawgicallyspeaking Justice Tashi Rabstan, though dismissed the petition challenging the preventive detention of Mohammad Hussain, referred to various Supreme Court judgments highlighting the importance of personal liberty. The Jammu bench of the High Court in this judgment delivered on Friday makes multiple references to the observations made by the Supreme Court in Secretary to Government, Public (Law and Order-F) and another v. Nabila. The High Court quotes the following observations from Supreme Court judgment in Nabila: Personal liberty is one of the most cherished freedoms, perhaps more important than the other freedoms guaranteed under the Constitution. It was for this reason that the Founding Fathers enacted the safeguards in Article 22 in the Constitution so as to limit the power of the State to detain a person without trial, which may otherwise pass the test of Article 21, by humanising the harsh authority over individual liberty. In a democracy governed by the rule of law, the drastic power to detain a person without trial for security of the State or maintenance of public order must be strictly construed. However, where individual liberty comes into conflict with an interest of the security of the State or public order, then the liberty of the individual must give way to the larger interest of the nation. #mylegalaid #highcourt #supremecourt #lawyers #life #advocate #aid #help #thehindu #timesofindia #indianexpress #livelaw #lawsofindia #upsc #mpsc #gk #lawupdates #news #legalnews #vakil #ias #ips #constitution #revnue #protection #civilcourt #petition #collector #districtcourt
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