NAZIR AHMAD PATHAN Vs. STATE OF J&K

JUDGEMENT

(1.) Preventive detention as held in A. K. Gopalan v. State of Madras, 1950 SCR 88and reiterated in Rekha v. State of Tamil Nadu, 2011 AIR(SCW) 2262is by its very nature repugnant to democratic ideals and an anathema to the rule of law. The Supreme Court in Rekha's case , while emphasising that Article 22(3)(b), Constitution of India, is to be read as an exception to Article 21, Constitution of India and not allowed to nullify the right to personal liberty guaranteed under the later, observed :

(2.) The Court further observed :

(3.) The Court, making reference to law laid down in Kamleshwar Ishwar Prasad Patel v. Union of India and others, 1995 4 SCC 51, observed :