FAROOQ AHMAD BHAT Vs. STATE

JUDGEMENT

(1.) The Right to Life and Liberty is guaranteed by Article 21 of the Constitution. Deprivatioh thereof while having recourse to preventive measures is also controlled by the safeguards which are to be respected. Infraction to such safeguards vitiates the action of the Detaining Authority. The procedural defects strengthen the right of the detenue to challenge the executive invasion of his personal liberty. The Detaining Authority keeping in view the sacrosanct protection as guaranteed under Article 21 of the Constitution is under an obligation to show in a transparent manner that the detention meticulously conforms to the procedure established by law.

(2.) Evilish 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 justiciable 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 evilish activities, may in effect be an itious act.

(3.) Noticing the activities of the detenue prejudicial to the maintenance of public order, has been detained in pursuance to order of detention bearing No. DMB/PSA/187/2010 dated 21.7.2010. The said order of detention has been approved by the Government on 27.7.2010 and send to the State Advisory Board on 30.7.2010. Based on the report of Advisory Board, the order of detention has been confirmed vide order No. Home/PB-V/2033/2010 dated 6.9.2010 and period of detention has been fixed as 12 months.