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2001 Supreme(Guj) 299

D.M.DHARMADHIKARI, J.N.BHATT, P.B.MAJMUDAR
KOLI BHARATBHAI UKABHAI VEGAD – Appellant
Versus
DISTRICT MAGISTRATE – Respondent


Advocates Appeared: ANIL S.DAVE, BANNA S.DUTTA, Sudhanshu Patel

J. N. BHATT, J.

( 1 ) CENTURIES old, classic, constitutional, conceptual, and critical contest between; a personal liberty, a life of Democracy; "rule the State by the Normal", on one hand and "oh Liberty! What crimes are committed in thy name"; on the other, has again been, surfaced in this Referential consideration and adjudication, in this petition based on. Constitutional writ remedy under Art. 226 of the Constitution of India. PREFATORIAL PROFILE :

( 2 ) ALL human beings are born free and equal in dignity and rights. All men are endowed by their creator with certain "unalienable rights". Justice, liberty and Equality have been the pursuits of Man in civilized society. Preservation of human life is the most important right for an individual. Personal liberty has been claimed as a part of right to life and with the development of this concept. Courts have come to protect various aspects of personal liberty as part of protection of life. Art. 3 of the Universal Declaration of Human rights provides : "every one has right to life, liberty and security of person. " article 21 of the Indian Constitution provides :"no person shall be deprived of his life or personal liberty except accor



















































































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