JUDGMENT

H.L. Dattu, J. —

1) Leave granted.

2) By our order dated 14.09.2010, after hearing the learned counsel for the parties to the lis, we had directed the release of the detenu, since we were satisfied that the appellant prima- facie had made out a case for release of the detenu. Now we give our reasons for allowing this appeal in support of our pre-emptory order.

3) Here is an unfortunate case involving a person who ought not to have been detained under preventive detention and have his liberty curtailed by virtue of his incarceration under Section 3(2) of the National Security Act, 1980 (hereinafter “NS Act”).

4) Individual liberty is a cherished right, one of the most valuable Fundamental Rights guaranteed by the Constitution to the citizens of this Country. On “liberty”, William Shakespeare, the great play writer, has observed that “a man is master of his liberty”. Benjamin Franklin goes even further and says that “any society that would give up a little liberty to gain a little security will deserve neither and lose both”. The importance of protecting liberty and freedom is explained by the famous lawyer Clarence Darrow as “you can protect your liberties in this world onl