JUDGMENT :

1. Personal liberty of a person known and recognized as a fundamental right is self-inhering right the enjoyment of which by 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 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 c