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| HC upholds PSA of criminal | | | Early Times Report
JAMMU, Dec 11: Justice Tashi Rabstan of Jammu & Kashmir and Ladakh High Court upheld the Public Safety Act of Babar Khan, a criminal. While dismissing the petition, Justice Rabstan observed that 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 v. Union of India, is to be just and fair. The court observed that the essential concept of preventive detention is that the detention of a person is not to punish him for something he has done, but to prevent him from doing it. The basis of detention is the satisfaction of the executive of a reasonable probability of likelihood of detenu acting in a manner similar to his past acts and preventing him by detention from doing the same. The court observed that in the present case, the petitioner-detenu seems to be a hard core criminal and has become a terror figure among the people of the area as against him nine FIRs came to be registered in different police stations under various sections of the IPC between the period 2015 to the year 2021. Since the actions taken against the petitioner-detenu under the ordinary law from time to time have not been proved to be deterrent, as such the respondents had no other option but to keep him in preventive detention and personal liberty is one of the most cherished freedoms, perhaps more important than the other freedoms guaranteed under the Constitution. The court observed that it seems the petitioner-detenu instead of mending his ways has continuously been indulging in criminal activities and has not shown any respect for the law of the land, as such the petitioner-detenu has created a sense of alarm, scare and a feeling of insecurity in the minds of the public of the area, has become a chronic fear amongst the people of the area. Thus, the activities of the petitioner are of hardcore criminal and habitual of indulging in acts of violence. With these observations, High Court dismissed the petition and upheld the detention order. |
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