Excelsior Correspondent
JAMMU, Dec 11: High Court has upheld the Public Safety Act of a criminal Babar Khan.
After hearing Advocate Jagpaul Singh for the detenue whereas AAG Aseem Sawhney appearing for the respondents, Justice Tashi Rabstan observed, “although right of personal liberty is most precious right, guaranteed under the Constitution, which has been held to be transcendental, inalienable and available to a person independent of the Constitution, yet the personal liberty may be curtailed, where a person faces a criminal charge or is convicted of an offence and sentenced to imprisonment”.
“A person is not to be deprived of his personal liberty, except in accordance with procedures established under law and the procedure as laid down in Maneka Gandhi Versus Union of India, is to be just and fair. Where a person is facing trial on a criminal charge and is temporarily deprived of his personal liberty owing to criminal charge framed against him, he has an opportunity to defend himself and to be acquitted of the charge in case prosecution fails to bring home his guilt”, the court said.
“It seems that the petitioner is a hardcore criminal, has become a terror figure among the people of the area and the actions taken against him under the ordinary law from time to time have not been proved to be deterrent”, High Court said while dismissing the petition and upholding the detention order.
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