Supreme Court of India · 2012-05-04
Rashmi Rekha Thatoi & Anr vs State Of Orissa & Ors
- Citation / case number
- AIRONLINE 2012 SC 326
- Court
- Supreme Court of India
- Petitioner
- Rashmi Rekha Thatoi & Anr
- Respondent
- State Of Orissa & Ors
- Author
- Dipak Misra
- Bench
- Dipak Misra, K. S. Radhakrishnan
Judgment text excerpt
The Supreme Court emphasized the fundamental importance of liberty as enshrined in Article 21 of the Constitution, which guarantees that no person shall be deprived of life and personal liberty except according to the procedure established by law. The Court examined the statutory mandate under Section 438 of the Code of Criminal Procedure, which provides for anticipatory bail, and held that the High Court must adhere to this provision while considering liberty. The judgment reinforces the principle that individual liberty is a core value that must be protected within the framework of law.