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The Punjab and Haryana High Court has decided that an individual's rights guaranteed under Article 21 of the Constitution are somewhat compromised if the person is detained preventively.
In a significant ruling on an individual's right to life and liberty and the lawful restrictions on freedom, the court has also dismissed the idea of vilifying or sidestepping Article 22. Recognizing the constraints imposed by Article 22 on the right to life and liberty, Justice Rajbir Sehrawat has referred to the constitutional provision as a necessary evil. This assertion was made as Justice Sehrawat rejected a petition by Sarabjeet Singh Kalsi, which sought directions to the authorities to arrest him and involve him in the investigation of an FIR filed on February 24 for attempt to murder and other offenses at Ajnala police station.
The Bench was informed that he and nine others had been placed under detention under the National Security Act at Dibrugarh Central Jail in Assam since March, and had not been arrested in the criminal case filed for the past six months. It was also mentioned to the Bench that protests had been conducted in Punjab under the leadership of Amritpal Singh, the head of the organization 'Waris Punjab De'. During these protests, it was alleged that they vandalized Ajnala police station, assaulted police officers, destroyed records, and disrupted public order.
Justice Sehrawat emphasized that Article 21 encompasses one of the most crucial fundamental rights guaranteed to all in India - the right to life and liberty. It could rightfully be considered the most prominent feature in India's constitutional framework
Justice Sehrawat mentioned that every "brightest shining star" was destined to endure an eclipse, and Article 21 was no exception. He explained that Article 22 imposed restrictions on citizens' liberty to some extent in certain situations and to a greater extent for specific reasons. The current case epitomized the fundamental conflict between Article 21 and Article 22. Justice Sehrawat further stated, "The right guaranteed by Article 21 cannot override the limitations permitted to the State by Article 22. Vilifying Article 22 will not eliminate the shadow that this Article casts over the right guaranteed by Article 21. Even if Article 22 is considered to be a negative aspect, it is crucial to ensure that the liberty of every citizen is maintained at an optimal level, by preventing the liberty of one individual from reaching excessive levels that may pose a threat to the liberty of another citizen, directly or indirectly, by creating adverse situations for public order."
Justice Sehrawat emphasized that Article 21 encompasses one of the most crucial fundamental rights guaranteed to all in India - the right to life and liberty. It could rightfully be considered the most prominent feature in India's constitutional framework.
Who Is Amritpal Singh ?
Amritpal Singh, known for his leadership of the organization "Waris Punjab De," is a figure associated with social and political activities in the Punjab region. His organization is known for its involvement in advocating for the rights and welfare of the people of Punjab.
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