QAZI YASIR AHMAD Vs. STATE

JUDGEMENT

(1.) The Right to Life and Liberty is guaranteed by Article

(2.) Evilly activities aimed at causing threat to the State's security and maintenance of public order may at times warrant preventive measures which may be totally justifiable but at the same time for advancing such object, the authority concerned has a constitutional obligation to adhere to the safeguards lest a justified action, so as to deter a person from such evilly activities, may in effect be an itious act.

(3.) Noticing the activities of the detenue prejudicial to the security of the State and maintenance of public order, the District Magistrate, Anantnag (Respondent No. 2) vide order No. Det/PSA/DMA/10/06 dated 09.07.2010 has detained the detune. Such action has been approved by the Government on 15.7.2010. the State Advisory Board has also opined in favour of the detention based on which order of detention has been confirmed and period of detention has been fixed as 12 months, as is clearly indicated in the Government order No. Home/PB-V/1838/2010 dated 18.08.2010.