SUSHIL SHARMA Vs. STATE

JUDGEMENT

(1.) The constitutional courts have often reiterated the principle that those who feel called upon to deprive other persons of their personal liberty in the discharge of what they conceive to be their duty, must strictly and scrupulously observe the forms and rules of law. [Ref: Ram Narayan Singh vs. State of Delhi reported as, 1953 AIR(SC) 277].

(2.) Predicated on the above doctrine and in the facts and circumstances of the case as elaborated hereafter, we are of the considered view that, the continued incarceration of the petitioner before us, does not admit of legal justification and lawful sanction.

(3.) We are, therefore, directing that he be set at liberty forthwith.