KAMAL DANIEL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Siddharth Luthra, learned Senior Advocate assisted by Shri Raghvendra Pandey, Viksit Arora and Shri Nadeem Murtaza on behalf of the petitioners and Sri V.K. Shahi, learned AAG assisted by Shri S.P. Singh, learned Additional Government Advocate for the State.

(2.) This writ petition has fallen in the lap of this Court under peculiar circumstances. There is a folklore that a wrongful mind breeds evil and a rightful conduct fountains nothing but truth. Humanity is universally subjugated to the influence of evil and it is difficult to carve out an exception in the modern world of any popular civilized order that guarantees personal liberty ideally and enforces the human rights by adhering to the exemplary standards. The rule of law nevertheless must prevail to strengthen social and economic peace.

(3.) The criminal administration of justice under the Constitution of India hinges on Article 21 read with Article 20 and this is what the framers of our Constitution have fundamentally guaranteed to the citizens. The procedure prescribed under law is as fundamental under Article 21 as the right of personal liberty itself whereas Article 20(2) of the Constitution of India protects a citizen from the prosecution and punishment for the same offence more than once.