MANZOOR AHMAD LONE Vs. UNION TERRITORY OF JK

JUDGEMENT

(1.) Nothing can be more pricking to the sensitivity and spirit of the fundamental right to life and personal liberty coded in Article 21 of the Constitution of India than the mechanical mindset exhibited in the present case on the part of the District Police Baramulla, the District Magistrate Baramulla and last on the part of the Govt. of UT of J&K in using the public detention jurisdiction more on a pleasure mode than on the principle mode. An unwarranted and misconceived preventive detention order issued by the Govt., or its authorized officials leave the person (detenue) and the populace at same page going by the words of Martin Luther King "Injustice anywhere is a threat to justice everywhere."

(2.) This is a writ petition for seeking quashment of preventive detention order which has resulted in subjecting the petitioner to suffer second time in succession loss of his personal liberty as a citizen of India to whom otherwise the right to life and personal liberty is guaranteed as a fundamental right under article 21 of the Constitution of India. Only to lose its exercise and enjoyment in accordance with the procedure established by law.

(3.) For the purpose of securing his lost fundamental right, the petitioner, acting through this father, has made this writ petition a bearer of his SOS call to restore his snatched personal liberty by invoking habeas corpus writ jurisdiction of this Court. The constitutional onus, now, lies upon this Court to examine the legality and validity of the act and action on the part of the respondents which so enabled and led them to reckon the petitioner's personal liberty having trespassed into the arena of legal sanctions prescribed by the J&K Public Safety Act, 1978.