HRISHIKESH ROY, A.K.JAYASANKARAN NAMBIAR
State of Kerala Represented by the Chief Secretary – Appellant
Versus
Shyam Balakrishnan – Respondent
A.K. Jayasankaran Nambiar, J.
Liberty is often defined as the state of being free within Society from oppressive restrictions imposed by authority on one's way of life, behaviour or political views. The framers of our Constitution believed that certain freedoms are essential to enjoy the fruits of liberty and that the State shall not be permitted to trample upon these freedoms save for the pursuit of objectives that are in the larger interest of Society. As a matter of fact, the worth of a State lies in the worth of the individuals composing it and a truly free State is one where the collective liberties of its citizens are duly recognised and respected.
2. The appellant herein is the State of Kerala, aggrieved by the judgment dated 22.5.2015 of the learned Single Judge in W.P.(C).No.24902/2014. The learned Single Judge, through a passionate defence of the principle of personal liberty, held that the State had, by detaining the writ petitioner in police custody on a suspicion of his being a Maoist - a suspicion that was not based on any valid material, violated his fundamental right under Article 21 of the Constitution of India. Consequently, the learned Judge directed the
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