LAWS(GAU)-2006-2-23

KONSAM BROJEN SINGH ALIAS BASAN ALIAS SEKHAR ALIAS SURAJ ALIAS SAINTHEL ALIAS BASANTA ALIAS INAOTOMBA Vs. STATE OF MANIPUR

Decided On February 27, 2006
KONSAM BROJEN SINGH, BASAN, SEKHAR, SURAJ, SAINTHEL, BASANTA@ INAOTOMBA Appellant
V/S
STATE OF MANIPUR Respondents

JUDGEMENT

(1.) "If there is any principle of the Constitution that more imperatively calls for attachment than any other, it is the principle of free thought - not free thought for those who agree with us but freedom for the thought that we hate.'"

(2.) The debate on protection of life and liberty and protection against arrest and detention involves complex and sensitive issues. No doubt a great deal has already been said much of it on merit and on point. That occasion has arisen once again and the issue is presented for consideration before the Court vested with the power of judicial review. The modern activist State is a concomitant of the complexity of modern society; it is inevitably with us. We must meet the challenge rather then see it was not before us.

(3.) One of the most treasured liberties provided in the Constitution and perhaps the liberty that sets the Indian apart from many third world countries, is equality before law and equal protection of laws; protection of life and personal liberty and protection against arrest and detention. The principle is enshrined in the trinity of Articles 14, 21 and 22 of the Constitution. Liberty is not amorphous concept that exist in the minds of dreamers and scholars but a real significant liberty effecting our everyday life as citizens of this great country. There have been times in our history when liberties, although sought, were not realized by all citizens. Liberty forms an important component of part of justice which all political systems governed by Rule of law and constitutionalism, aspire to secure. It is an essential and indispensable ingredient of Government of laws. If the Constitution is the embodiment of our aspirations, it must have become so very largely because of those three articles. Each is a protection with centuries of history behind it after dearly brought with the blood and lives of people determined to prevent oppression of their rulers. Ours is a Government of laws and not of men.