Judgment

Banerjee, J.—Leave granted.

2. While liberty of an individual is precious and there should always be an all round effort on the part of Law Courts to protect such liberties of individuals - but this protection can be made available to the deserving ones only since the term protection cannot by itself be termed to be absolute in any and every situation but stand qualified depending upon the exigencies of the situation. It is on this perspective that in the event of there being committal of a heinous crime it is the society that needs a protection from these elements since the latter are having the capability of spreading a reign of terror so as to disrupt the life and the tranquility of the people in the society. The protection thus to be allowed upon proper circumspection depending upon the fact situation of the matter. It is in this context the observations of this court in Shahzad Hasan Khan v. Ishtiaq Hasan Khan & Anr. (1987 (2) SCC 684) seem to be rather apposite. This Court observed in Shahzad Hasan Khan (supra) as below :-

“Had the learned Judge granted time to the complainant for filing counter-affidavit correct facts would have been placed before the court and it