MASARAT ALAM Vs. STATE OF J&K

JUDGEMENT

(1.) To deprive a man of his natural liberty, to deny him the ordinary amenities of life is worse than starving the body; it is starvation of the soul, the dweller in the body, 'said Gandhi Ji' father of the nation'. Right to personal liberty is heart and soul of the Constitution. The right in words of Supreme Court is 'transcendental, inalienable and primordial'. Right to personal liberty, it has been held, is not conferred by the State on a citizen. It is there because we are all members of human race. The right to personal liberty does not owe its origin to any of the Constitutional Provisions. The Principle was succinctly stated by the Supreme Court in M. Nagaraj and others Vs. Union of India, 2006 8 SCC 212 as under :

(2.) The Supreme Court has made use of every chance to impress upon the Courts to guard the Constitutional and statutory safeguards guaranteed to a detenue under Article 22 Constitution of India. The Apex Court in Dhananjoy Dass Vs. District Magistrate, 1982 AIR(SC) 1315, spelt out the Constitutional and statutory rights available to a detenue as under:

(3.) The Supreme Court in Union of India Vs. Chaya Ghoshal, 2005 10 SCC 97 observed:-