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JAMMU AND KASHMIR HIGH COURT
Hasnain Massodi, J.
Masarat Alam v. State of J.&K. and Others
| Table of Content |
|---|
| 1. right to personal liberty and constitutional safeguards against detention. (Para 1 , 2) |
| 2. mandatory procedural requirements for preventive detention. (Para 3 , 4) |
| 3. specific case of preventive detention applied against an individual. (Para 5 , 6 , 7) |
| 4. questioning grounds for detention based on mere suspicion. (Para 8 , 9) |
| 5. court's disapproval of reliance on previous detention grounds. (Para 10 , 11) |
| 6. grounds of detention must be valid and not repetitive of quashed orders. (Para 12 , 13) |
| 7. final ruling quashing the detention order. (Para 14 , 15 , 16) |
1. To deprive a man of his natural liberty, to deny him the ordinary amenities of life is worse than starving the body; it is starvation of the soul, the dweller in the body, "said Gandhi Ji" father of the nation." Right to personal liberty is heart and soul of the Constitution. The right in words of Supreme Court is "transcendental, inalienable and primordial." Right to personal liberty, it has been held, is not conferred by the State on a citizen. It is there because we are all members of human race. The right to personal liberty does not owe its origin to any of the constitutional provisions. The principle was s
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