FAROOQ AHMAD GORSI Vs. STATE AND ANR.

JUDGEMENT

(1.) Preventive orders, so as to deter a person from acting in any way which shall be threatening the security of the State, have to be passed, same is indispensable. However, the power in issuing preventive orders has to be exercised in a manner which would show that all the safeguards as against the orders of detention are taken into consideration and respected. Liberty is precious, curtailment thereof can be by way of exception but it must have some reasonable basis. In absence of any solid basis to tamper with the right of liberty is not permissible.

(2.) Any person who any way threatens security of the State has to be dealt with iron hand but constitutional guarantees under such guise cannot be permitted to be defeated.

(3.) Instant case in effect is one wherein order of detention absolutely suffers from non-application of mind and on plain reading shows that it has been passed in violation of the constitutional rights guaranteed to the petitioner.