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 thereof. 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, S S 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 life.

Rejecting Manipur Government's plea, the apex court said the grounds of detention do not disclose any material which was before the detaining authority, other than the fact that there was every likelihood of Yumman Somendro being released on bail and committing fresh offences.

"In the instant case, although the power is vested with the concerned authorities, unless the same are invoked and implemented in a justifiable manner, such action of the detaining authority cannot be sustained, inasmuch as, such a detention order is an exception to the provisions of Articles 21 and 22(2)(personal liberty) of the Constitution," Justice Kabir writing the judgement said.

The court said the mere apprehension that he was likely to be released on bail as a ground of his detention, was not justified.

"In addition to the above, the FIRs in respect of which the Appellant's husband had been arrested relate to the years 1994, 1995 and 1998 respectively, whereas the order of detention was passed against him on 31st January, 2011, almost 12 years after the last FIR. An individual incident of an offence under the Indian Penal Code, however heinous, is insufficient to make out a case for issuance of an order of preventive detention," the bench said while ordering his release.