1.
Although cherished in our heart as a “Paradise on Earth”, the
history of this beautiful land is etched with violence and
militancy. While the mountains of Himalayas spell tranquillity,
yet
blood
is
shed
every
day.
In
this
land
of
inherent
contradictions, these petitions add to the list, wherein two sides
have shown two different pictures which are diametrically
opposite and factually irreconcilable. In this context, this Court’s
job is compounded by the magnitude of the task before it. It goes
without saying that this Court will not delve into the political
propriety of the decision taken herein, which is best left for
democratic forces to act on. Our limited scope is to strike a
balance between the liberty and security concerns so that the
right to life is secured and enjoyed in the best possible manner.
2.
Liberty and security have always been at loggerheads. The
question before us, simply put, is what do we need more, liberty
or security? Although the choice is seemingly challenging, we
need to clear ourselves from the platitude of rhetoric and provide
a meaningful answer so that every citizen has adequate security
and sufficient liberty. The pendulum of preference should not
swing in either extreme direction so that one preference
3