Srinagar: The High Court of J&K and Ladakh held that right to life and liberty cannot be enchained to actions which are not justified. 

The Court of Justice Puneet Gupta while striking down a detention order passed by district magistrate Shopian against Irfan Ahmad Kuttay noted and observed that the district Magistrate has just recorded what has been forwarded by the Superintendent of Police and shows that detaining Authority has not sifted the material dossier while stating grounds of detention.  

“Non-application of mind is evident,” court recorded and held that invasion of personal liberty is not permissible when no cogent reason is forthcoming,” Justice Gupta noted. 

Court acknowledged that the submission of the petitioner that the order manifests non- application of mind on perusal of records appears to have substance. 

Justice Gupta said that one of the requirements for deriving subjective satisfaction is to formulate the grounds of detention having basis for passing the order of detention.  

“Right to life and liberty cannot be enchained to actions which are not justified,” court held. 

It was recorded that the purpose of preventive detention should appear to have been achieved from order when glossed through prism of law and if found wanting to conform to it the order cannot sustain. 

The court said in view of the discussion, this Court is of the considered view that the order of detention bearing orderno132/DMS/PSA of 2022 dated 25 June 2022 is not sustainable in the eyes of law.  
“Accordingly, the same is quashed. The petitioner is directed to be released from the custody provided if he is not required in any other case,” Justice Gupta directed. 

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