SYED IFTIKHAR ANDRABI Vs. NATIONAL INVESTIGATION AGENCY, JAMMU

JUDGEMENT

(1.) Leave granted.

(2.) The present case raises an important question concerning the interface between Sec. 43-D(5) of the Unlawful Activities (Prevention) Act, 1967 and the constitutional guarantee of personal liberty under Article 21 of the Constitution of India. More particularly, the issue concerns the propriety of smaller Benches progressively hollowing out the constitutional force of a larger Bench decision without ever expressly disagreeing with it.

(3.) The above question arises in the context of the challenge by the appellant to the judgment and order dtd. 19/8/2025 passed by the High Court of Jammu and Kashmir and Ladakh at Jammu (briefly 'the High Court' hereinafter) in Criminal Appeal (D.) No. 20/2024 (Syed Iftikhar Andrabi Vs. National Investigation Agency, Jammu).