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Sangeeta Ashoksinh Rathod And Anr vs The Union Territory Of Dadra And Nagar ... on 18 April, 2023
cites
Article 21 in Constitution of India [Constitution]
Section 151 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 107 in The Code of Criminal Procedure, 1973 [Entire Act]
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
The Gujarat Prevention of Anti-Social Activities Act, 1985
Section 10 in Rajasthan Prevention of Anti-Social Activities Act, 2006 [Entire Act]
Article 226 in Constitution of India [Constitution]
Rajasthan Prevention of Anti-Social Activities Act, 2006
Sushanta Kumar Banik vs The State Of Tripura on 30 September, 2022
WP-560 & 706 & 707-2023.doc
7 Ambrose Bierce said that Liberty is one of
imagination's most precious possessions and Edmund Burke said,
'whenever a separation is made between liberty and justice,
neither, in my opinion, is safe.' Our courts have always regarded
personal liberty as the most precious possession of mankind and
have shown no tolerance to illegal detention. Where personal
liberty is concerned, it is not permissible to take a generous view
of the lapses and condone the same. In cases of preventive
detention, strict adherence/observance of procedural safeguards is
mandated, so that liberty of a person is not compromised by
arbitrary exercise of power. The Apex Court in Sushanta Kumar
Banik vs. State of Tripura and Ors.2, has in para 29 observed as
under :