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2017 Supreme(J&K) 677

TASHI RABSTAN
Bilal Ahmad Dar – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioner:Mr. Wajid Haseeb, Advocate vice Mr. Shafqat Hussain, Advocate
For the Respondents:Mr. B.A. Dar, Additional Advocate General

JUDGMENT :

1. Impugned in this petition is Order No.DMS/PSA/33/2016 dated 10th September 2016, of District Magistrate, Srinagar - respondent No.2 herein, whereby one Bilal Ahmad Dar son of Ghulam Nabi Dar resident of Wussan Kahaie Pattan, District Baramulla (for brevity “detenu”) has been placed under preventive detention to prevent detenu from acting In any manner prejudicial to the maintenance of security of the State.

2. The case set up in the petition is that respondent No.2, while slapping preventive detention on the detenu, has not adhered to Constitutional and Statutory safeguards available to detenu under the Constitution of India and J&K Public Safety Act, 1978.

3. I have heard learned counsel for parties. I have gone through the pleadings as also record made available by learned Additional Advocate General. I have considered the matter.

4. Right of personal liberty is most precious right guaranteed under the Constitution. It has been held to be transcendental, inalienable and available to a person independent of the Constitution. A person is not to be deprived of his personal liberty, except in accordance with procedures established under law and the procedure as laid down









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