MUBARAK @ MOHAMMED MUBARAK Vs. UNION OF INDIA, REP BY SUPERINTENDENT OF POLICE, NATIONAL INVESTIGATION AGENCY, MHA GOVERNMENT OF INDIA

JUDGEMENT

(1.) When the history of liberty has largely been the history of observance of procedural safeguards, (as stated by Felix Frankfurter) whether liberal interpretation is warranted to Section 43-D of the Unlawful Activities Prevention Act, (for short 'UAP Act'), which prescribes a longer period of detention during investigation (thus affecting the liberty of an individual) than the period prescribed under the ordinary law of the land, is the issue to be considered.

(2.) The power of the State to protect the sovereignty and integrity of the Nation on one hand and the fundamental right of the individual to the dignity and liberty inherent in himself on the other hand, have to be balanced and how to do that is a challenge made in this case.

(3.) The special court, under the NIA Act, 2008, by the judgment dated 22.02018 extended the period of detention of the accused/appellant from 90 days to 180 days. This order is under challenge before this Court.