JUDGMENT AND ORDER :

I.A. Ansari, J.

When pitted against each other, which one is more important - liberty of a person or the security of the State. Society has struggled to find a uniform answer to this question in all its stages of civilization. There was a time, when the concern of the security of the State made rulers ignore the question of personal liberty of his subjects. As the civilizational standards started rising, participation of the people, in the governance of the State, started increasing.

2. However, the experience taught the people that ignoring personal liberty, in all cases and in all circumstances, may prove counter-productive inasmuch as it may turn the ruler - whether an individual or a group of persons - into a despot and dictator. Ignoring personal liberty may even slide the State to the brink of tyranny and, eventually, plunge the State into such a catastrophe as could destroy the State itself. The human civilization, therefore, realized that a balance has to be struck between the two.

3. While the concern of the security of the State, in all conditions and always, may not be allowed to override the concerns of civil liberty, the civil liberty must also be subj

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