1. People of our country, besides giving rights, have assigned duties to themselves. A visibly conscious decision has been taken to live by and through parliamentary democracy. The promises, rights and duties have been formulated to shape the future of the people and consequently of the country itself.

2. The letters inscribed on the book of Constitution will strike deep roots not only in the soil of the State, but the souls of the people, when its spirit is transformed into a discernable living reality.

3. The Constitutional Courts of this country have carried forward mission and vision of Constitution makers with diehard honesty and have emphasized on the fundamental unity of the country by guaranteeing to all the citizens equality before law and equal protection of laws.

4. The Constitution has to be preserved, maintained and enforced, whatever the circumstances may be. Even in extreme adverse conditions, the provisions of Constitution have to be enthused with life. It is how the role of Constitutional Courts becomes more challenging. In the fathomless ocean of the democratic countries, the Constitutional Courts act as light houses and in the desert of adversity as torch bearers.

5. The Constitution wakes up the conscience and forms bed rock of the society which is build on moral values. It is this constitutional conscience and constitutional morality which has enabled the nation to withstand all kinds of onslaughts. The faith attained by the institutions instill strength in them to iron out all kinds of differences. Indifference and insensitiveness exhibited by any organ of the State towards its people sets in frustration, which, if not addressed at the earliest, gets transformed into alienation being pregnant with disastrous consequences.

6. People harboring different ideas and thoughts when treated fairly by the organs of the state, more particularly by the judiciary, gives soothing effect to the ruffled feeling and it is this faith attained which wins over even staunch opponents.

7. The judiciary of this country is shining in the firmament of world for, uncompromisingly, protecting rights of people as ordained by the Constitution of this country.

8. Laws are never vindictive. They treat similar people similarly and afford protection to all. However, a duty is cast upon a citizen to conduct affairs in a manner which are conducive to the mandate contained in the Constitution and other laws. He is to ensure that his actions or utterances do not threaten the very existence of the State of which he is a component as with the State he will also perish.

9. Ghulam Nabi Thoker (alias Shaheen) S/o Ghulam Mohi ud din Thoker R/o Khankah Midoora Teshsil Awantipora, Tral (for short the detenu) has been ordered to be detained vide order No. DMS/PSA/42/2010 dated 17th July 2010 in exercise of powers conferred by Section 8 of J&K Public Safety Act 1978 (for short Act of 1978). It is this order which is challenged in this petition on number of grounds.

10. Respondents have filed counter affidavit and rejoinder affidavit is filed.

11. Heard ld counsel for parties. Considered the matter. Number of grounds have been taken in the petition. At the hearing of the case Mr. Qureshi ld. counsel for petitioner referred to the grounds urged in the petition in a bid to seek invalidation of the detention of the detenu.

12. Mr. G. Mustafa, Id Dy.AG vehemently argued the case and submitted that all the procedural safe-guards available to the detenu have been observed faithfully by respondents. The ld. counsel further submitted that the activities of the detenu being prejudicial to the security of the state became the cause for respondent No.2 to order for detention of the detenu.

13. In the array of respondents Senior Superintendent of Police Srinagar figure as respondent No.3. Ground (a) of the petition is reproduced as under-

"a) that the order of detention of the detenu is politically motivated and stands issued on the advice/ directions of respondent No. 3, who

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