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“When the Parliament enacts more liberal provisions, the benefit thereof should be available to all persons who may be affected, regardless of when their cases originated.”
“In a democracy governed by the rule of law, the power to detain a person without trial, for security of the State or maintenance of public order must be strictly construed. But where individual liberty comes into conflict with the security of the State or public order, then the liberty of the individual must give way to the larger interests of the nation.”
“These are the cases where personal liberty of the citizen is at stake. The Magistrate should very well be sensitized in these types of issues, especially about the judgments which relate and deal with personal liberty.”
“The minor victim has the right to beget a life and/or create a life, which is a facet of Right to Life guaranteed under Article 21 of the Constitution of India”
“In matters of personal liberty, the High Courts are not expected to keep the matter pending for such a long time and do nothing, except for adjourning from time to time”.
“While Section 21(4) of MCOCA imposes stringent statutory conditions for the grant of bail under Section 439 of CrPC, these provisions cannot be construed in a manner that forecloses judicial scrutiny under Article 21 of the Constitution.”
“It is unfortunate that even the Divisional Commissioner, Shahdol has chosen to merely countersign an order of rejection of appeal, without application of mind.”
Respondents have not taken recourse to the procedure contemplated by Section 7 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers Drug-Offenders and Dangerous Persons Act, 1981, which provides for procedure to be adopted in case where the detenue is absconding.
“Every arrest is also a relief and a pain. It is a critical part of the justice system. All arrests have to be justified and be based on evidence and pave the way for justice.”
“This Court is required to draw a balance between the right of the petitioner to travel abroad and also the right of the department to duly proceed with the enquiry against the petitioner.”
Take a quick glance at what the High Courts were discussing in this late Monsoon season
“In the matters pertaining to personal liberty of the citizens, the Authorities are enjoined with a constitutional obligation to decide the representation with utmost expedition. Each day’s delay matters in such a case.”
Kerala High Court noted that the woman is well-employed at NATPAC, Thiruvananthapuram, and is about 27 years old
“Investigating Agency seeks proclamation order from the court concerned so as to exert the pressure upon the person concerned and the court concerned without taking care of specific procedure issues proclamation under Sections 82/83 CrPC in a cursory and mechanical manner.”
Since anticipatory bail as well as transit anticipatory bail are intrinsically linked to personal liberty under Article 21 of Constitution, it would be necessary to give a constitutional imprimatur to the evolving provision of transit anticipatory bail.
Supreme Court was called upon to decide whether a settlement remedy under Section 127B of the Customs Act, 1962, would be available for the seized goods, which are specified under Section 123 of the said Act, the bench of Krishna Murari and Sanjay Karol, JJ gave a spilt verdict and referred the matter to a larger bench.
Gujarat High Court while deciding the bail application strikes the balance between personal liberty of accused and seriousness of offences committed.
Punjab and Haryana High Court held that when the accused is coming forward to face trial and is undertaking to appear before Court, no prejudice will be caused to the prosecution or complainant in granting bail to the petitioner.