MUEEN MUBEEN KHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) WITH consent of the parties, the matter is heard finally.

(2.) IN this writ petition, the petitioner has challenged the order dated 18.5.2011 passed under Section 3 of the National Security Act, 1980 by which the petitioner has been detained.

(3.) WE have considered the submissions made on both sides. In Yumman Ongbi Lembi Leima Vs. State of Manipur and others, (2012) 2 SCC 176, it has been held by the Supreme Court that personal liberty of an individual is the most precious and prized right guranteed under the Constitution of India. The State has been granted the power to curb such rights under the criminal laws as also under the laws of preventive detention, which are required to be exercised with due caution as well as proper appreciation of facts as to whether such acts are in any way prejudicial to the interest and the security of the State and its citizens or seek to disturb public law and order, warranting the issuance of such an order. In Munagala Yadamma Vs. State of Andhra Prades and others, (2012) 2 SCC 386, it has been held that if the offences complained of against the person are of a nature which can be dealt with under the ordinary law of land, taking recourse to the provisions of prevention detention is contrary to the constitutional guarantees enshrined in Articles 19 and 21 of the Constitution.