Personal liberty of an individual

Personal liberty of an individual—Held, the personal liberty of an individual is the most precious and prized right guaranteed under the Constitution in Part III thereof—The State has been granted the power to curb such rights under criminal laws as also under the laws of preventive detention, which, therefore, are required to be exercised with due caution as well as upon a proper appreciation of the facts as to whether such acts are in any way prejudicial to the interest and the security of the State and its citizens, or seek to disturb public law and order, warranting the issuance of such an order—An individual incident of an offence under the Indian Penal Code, however heinous, is insufficient to make out a case for issuance of an order of preventive detention—Constitution of India, 1950, Articles 21 and 22(2)—Criminal Procedure Code, 1973, Section 167.  


File Name:- SC_JANUARY 2012_6