PATHOOTY Vs. STATE OF KERALA

JUDGEMENT

(1.) Life without liberty is 'lasting' but not 'living'. As liberty is the life - line of every human being, it is, therefore, not a matter of surprise that liberty is considered one of the most cherished and precious possession of every human being. No - one likes fetters on his personal liberty.

(2.) Order of detention passed in respect of Koodathal Basheer (hereinafter referred to as 'detenu') in terms of S.3 (1) (i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short 'the Act') dated 7th April 1999 is challenged by his mother on the ground that procedural safeguards mandated by Art.22 (5) of the Constitution of India, 1950 (in short 'Constitution') have been violated.

(3.) Art.21 of the Constitution having declared that no person shall be deprived of life and liberty except in accordance with the procedure established by law, a machinery was definitely needed to examine the question of illegal detention with utmost promptitude. The writ of habeas corpus is a device of this nature. Black stone called it 'the great and efficacious writ in all manner of illegal confinement'. The writ has been described as a writ of right which is grantable ex dobito justitae. Though a writ of right, it is not a writ of course. The applicant must show a prima facie case of his unlawful detention. Once, however, he shows such a case and the return is not good and sufficient, he is entitled to this writ as of right.