Indian Kanoon - Search engine for Indian Law

"Though such powers must be very cautiously exercised not to undermine the fundamental freedoms guaranteed to our people, the procedural safeguards are to ensure that, yet these must be looked at from a pragmatic and common sense point of view." ..... "The purpose of exercise of all such powers by Government must be to promote common well being and must be to subserve the common good. It must, therefore, be necessary to protect the individual rights insofar as they are practicable and which are not inconsistent with the security and well being of the society. Grant of power imposes limitation on the use of the power. There are various procedural safeguards and you must construe those in proper light and from pragmatic common sense point of view. We must remember that the observance of written law about the procedural safeguards for the protection of individual is normally a high duty of public official, but in all circumstances not the highest. The law of self-preservation and protection of the country and national security may claim in certain circumstances, higher priority."