The Court referred to the Supreme Court’s ruling in Shafin Jahan v. Asokan KM (Hadiya case), emphasizing the importance of honoring an individual’s independent choice and ensuring freedom from unlawful restraint.
It further noted that an individual’s choice should be respected and protected as guaranteed by the Constitution, as long as it does not violate any legal framework.
“The role of the Court is to see that the detenu is produced before it, find out about his/her independent choice, and see to it that the person is released from illegal restraint. What is seminal is to remember that the song of liberty is sung with sincerity and the choice of an individual is appositely respected and conferred its esteemed status as the Constitution guarantees. It is so as the expression of choice is a fundamental right under Articles 19 and 21 of the Constitution, provided the said choice does not transgress any valid legal framework,” the Court observed.
Source: Barandbench
