Rights cherished by citizens are fundamental, not restrictions: SC

The rights which are cherished "deeply" by citizens are "fundamental", not the "restrictions", the Supreme Court observed Wednesday while laying down criteria for granting anticipatory bail to persons apprehending threat of arrest.

The freedom movement has shown how the likelihood of arbitrary arrest, indefinite detention and the lack of safeguards played an important role in rallying the people to demand independence, it said.

Justice S Ravindra Bhat, who was part of a five judge Constitution bench headed by Justice Arun Mishra and, made these observations in a separate but concurring 73-page verdict on the issue of anticipatory bail. The bench also comprised Justices Indira Banerjee, Vineet Saran, M R Shah and S Ravindra Bhat
He said: "It would be useful to remind oneself that the rights which the citizens cherish deeply, are fundamental- it is not the restrictions that are fundamental. Joseph Story, the great jurist and US Supreme Court judge, remarked that 'personal security and private property rest entirely upon the wisdom, the stability, and the integrity of the courts of justice'."