RASHID BHAT Vs. STATE OF J & K

JUDGEMENT

(1.) While adjourning the case on 01.06.201C, respondents were required to keep record available on the next date. Record has not been produced. The matter pertains to liberty of a citizen of the State and Article 21 of the Constitution of India casts a duty on all concerned to ensure that no person is deprived of his life and personal liberty except in accordance with the procedure established by law. Article 22 of the Constitution also provides safeguards to a person who is deprived of his personal liberty. All the organs of the State are duty bound to follow the mandate of these constitutional provisions which fall in part-Ill of the Constitution of India as applicable to Sate of Jammu and Kashmir.

(2.) Non appearance of learned counsel for petitioner in liberty matters will not prevent this Court to consider the case of the petitioner on its merits in accordance with the mandate of law.

(3.) This Court being constitutional Court is duty bound to uphold the constitutional provisions and other provisions of law and as sentinel of constitutional rights of the people is duty bound to ensure that a person is not deprived of his personal liberty in breach of procedure established by law as also in violation of constitutional safeguards. It is in this backdrop that this case is considered on its merits even in absence of learned counsel for petitioner.