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HIGH COURT OF JAMMU AND KASHMIR AT JAMMU

HCP NO. 15/2009

_______________________________________________________

______

Ghulam Qadir Khandey

Vs.

State and others.

Coram :

The Hon'ble Mr. Justice Gh. Hasnain Massodi,

Judge

Appearing Counsel :

For the Petitioner (s)

:

Mr. M.A. Bhat, Advocate

For the Respondent(s)

:

Mr. B.R. Chandan, Dy.AG.

i)

Whether to be reported in

Press/Journal/Media : Yes/No

ii) Whether to be reported in

Journal Digest : Yes/No

Preventive Detention is anathema to a democratic polity

having its foundation on personal liberty and rule of law. The

Supreme Court almost at the dawn of independence in the very

first petition to challenge Preventive Detention and “invoke

guaranteed protection of the Court”, reported as AIR 1950 SC

27 called Preventive Detention “Sinister-looking feature , so

strangely out of place in a democratic constitution.” The Court

observed “Preventive detention laws are repugnant to

democratic constitutions and they cannot be found to exist in any

of the democratic Countries of the world.” Preve