New Delhi: The Supreme Court has said that a
person cannot be detained under the preventive detention law
like National Security Act (NSA) without justifiable reasons as
otherwise it would impinge upon the individuals Constitutional
right of personal liberty.
"Personal liberty of an individual is the most precious
and prized right guaranteed under the Constitution in Part III
"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," the apex court said.
A three-judge bench of justices Altamas Kabir, SS Nijjar
and J Chelameshwar passed the ruling while quashing the
detention under NSA of Yumman Somendro, an alleged member of
Manipur`s banned organisation, Kanglei Yaol Kanna Lup.
Somendro was put under preventive detention by an order
on January 31, 2011 following the murder of N Kunjabihari
Singh, then Chairman of the Board of Secondary Education,
Manipur, in his office room on January 11, 2011.
The detenue`s wife Yumman Leima appealed in the apex
court against the detention.
According to the authorities, Somendro was allegedly
involved in a series of criminal activities and his release on
bail by a regular court was prejudicial to public safety and