SHABIR AHMAD ZARGAR Vs. STATE

JUDGEMENT

(1.) Preventive detention is a serious invasion of personal liberty and such meagre safeguards as the constitution has provided against the improper exercise of the power must be jealously watched and forced by the Court", the Supreme Court observed inRAM KRISHAN BHARDWAJ V. STATE OF DELHI, 1953 AIR(SC) 318. The principle of law has been reiterated thereafter in a number of authoritative judicial pronouncement by Supreme Court and the High Courts. The Supreme Court in Dhananjoy Dass v. District MagistrateDhananjoy Dass v. District Magistrate, 1982 AIR(SC) 1315 has spelt out the safeguards provided under the constitution in case of preventive detention, in following words;

(2.) The Petitioners grievance is that the Respondent No. 2 while ordering preventive detention of Sh. Shabir Ahmad Zargar Son of Ghulam Rasool Zargar Resident of New Colony Soura Srinagar, (hereinafter referred to as detenue) vide order No. DMS/PSA/48/2009 dated 20th October 2009 has not followed and adhered to the procedural safeguards mandated by the Constitution and Jammu and Kashmir Public Safety Act 1978, (herein after referred to as Act).

(3.) I have gone through the Habeas Corpus petition, the Counter Affidavit filed by the Respondent No. 2 as also detention record submitted by Learned Additional Advocate General.