GOVINDANKUTTY Vs. THE GENERAL MANAGER

JUDGEMENT

(1.) APPEAL admitted. Notice made returnable forthwith. Respondents 1 and 3 waive service through Mr. P. Haridas, A.C.G.S.C. Respondent No. 2 waives service through Senior Government Pleader, Sri. C.K. Abdul Rahim. By consent, appeal called out for hearing and heard.

(2.) THIS appeal arises out of an interim Order of the learned Single Judge dated 27th February 2002, by which a conditional order of stay of arrest warrant issued against the appellant was granted on deposit of rupees fifty thousand.

(3.) ARTICLE 21 of the Constitution of India guarantees the fundamental right to liberty to every citizen irrespective of how dishonest he may be. The provisions of Article 21 cannot be abridged because of alleged dishonest conduct of a citizen, except to the extent permissible by a validity enacted law. The Court must view all inroads on the liberty of a citizen strictly and refuse to uphold an order which is not in strict conformity with the liberty guaranteed under Article 21 of the Constitution.