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2018 Supreme(P&H) 1915

RAJBIR SEHRAWAT
Ankush Kumar @ Sonu – Appellant
Versus
State of Punjab – Respondent


Advocates:
Present:- Mr. Sandeep Arora, Advocate for the petitioner. Mr. Hittan Nehra, Addl. AG, Punjab.

JUDGMENT

Mr. Rajbir Sehrawat, J.(Oral):- The travel of mankind, in its existential terms, have been from “Might is Right” to a “Right is Might”. In his early existence, man had absolute freedom to do whatever it could, as per his strength and power. However, the craving of human beings to organise themselves into an organised Society led the individual to being ready to cede some of his freedom in favour of the interest of the Society, despite having the power and might to fulfil that freedom. Therefore, the freedom of individual was limited to some extent; for maintaining the Society as an organisation. With the passage of the time, Society metamorphosed itself into a more regulating body, which in its modern Avtar, is called the State. With the change of the character and authority of the social organisation, the State also started asserting more and more power to regulate the individual freedom. Hence, the freedom of the individual also metamorphosed into a regulated freedom, called liberty. However, to ensure that even this liberty is not further encroached upon or ruthlessly trampled, the man, in more civilized societies, has created an instrumentality, called the Constitution,










































































































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