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RAHUL BHARTI
Qadir Khan – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
1. Personal liberty of a person known and recognized as a fundamental right is self-inhering right the enjoyment of which a person is guaranteed and guarded by none other than the Constitution of India. Thus, something which the Constitution of India itself guarantees and guards cannot be allowed to be fiddled with by an entity i.e. the State and its authorities which function under the aegis of the Constitution of India, except by following the strict regime of law under which such a fundamental right of a person can be impinged, curtailed or restricted. Preventive detention jurisdiction is one of such laws.
2. Preventive detention jurisdiction is, thus, a subject to be handled with care and caution envisaging and expecting legal maturity of the trustees entrusted with the authority to exercise the jurisdiction which is eventually meant to end in depriving a citizen of his personal liberty by reference to his potentiality rather than actuality for acts endangering the society and the State. Stakes of far reaching effects are envisaged and involved in each and every case of preventive detention both from the point of view of the State and the society and also the person fa
The judgment established the importance of fair and just procedures in preventive detention cases, emphasizing the need for minimal restrictions and meticulous compliance with procedural safeguards. ....
The judgment emphasizes the importance of procedural safeguards in preventive detention and highlights the need for fair and just procedures, minimal restrictions, and the protection of personal libe....
Point of Law : The detenu has a right, under Article 22(5), to be furnished with particulars of grounds of his detention, sufficient to enable him to make a representation, which on being considered ....
Preventive detention orders must strictly adhere to constitutional safeguards, including valid grounds for detention; reliance on previously quashed grounds is impermissible.
Preventive detention requires strict adherence to procedural safeguards; non-compliance leads to quashing of detention orders.
Preventive detention under the Jammu & Kashmir Public Safety Act was found illegal due to lack of substantive grounds and procedural violations, emphasizing the protection of personal liberty.
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